Cho v. Presidential Van Lines, LLC

United States District Court for the Middle District of Florida

Cho v. Presidential Van Lines, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

YOONJUNG SUL CHO,

Plaintiff,

v. Case No: 2:23-cv-674-JES-KCD

PRESIDENTIAL VAN LINES, LLC,

Defendant.

OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #7), filed October 13, 2023, recommending that the case be dismissed for lack of prosecution after plaintiff ignored the Order (Doc. #5) requiring payment of the filing fee or a motion to proceed in forma pauperis and the Order (Doc. #6) directing plaintiff to file a Second Amended Complaint demonstrating jurisdiction. No responses or objections have been filed and the time to do so has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge’s report and recommendation.

28 U.S.C. § 636

(b)(1); Williams v. Wainwright,

681 F.2d 732

(11th Cir. 1982), cert. denied,

459 U.S. 1112

(1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn,

993 F.2d 776

, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations.

28 U.S.C. § 636

(b) (1). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co.,

37 F.3d 603, 604

(lith Cir. 1994); Castro Bobadilla v. Reno,

826 F. Supp. 1428, 1431-32

(S.D. Fla. 1993), aff’d,

28 F.3d 116

(llth Cir. 1994) (Table). After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge. Accordingly, it is now ORDERED : 1. The Report and Recommendation (Doc. #7) is hereby adopted, and the findings incorporated herein. 2. The Clerk shall enter judgment dismissing the case without prejudice, terminate all pending motions and deadlines, and close the file. DONE and ORDERED at Fort Myers, Florida, this 6th day of November 2023.

□ —_ Afr : le hy ZC. AK Zo0b ade E. STEELE SHNIOR UNITED STATES DISTRICT JUDGE Copies: Hon. Kyle C. Dudek United States Magistrate Judge Unrepresented parties

Reference

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