Odonoghue v. Gufford
Odonoghue v. Gufford
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
WYCLIFFE H. ODONOGHUE,
Plaintiff,
v. Case No.: 2:24-cv-00479-SPC-KCD
CHARLES P. GUFFORD,
Defendant. / ORDER Before the Court is United States Magistrate Judge Kyle C. Dudek’s Report and Recommendation (“R&R”). (Doc. 7). Judge Dudek recommends dismissing the Complaint (Doc. 1) without prejudice for lack of prosecution. (Id.) Plaintiff did not object, and the time to do so passed. A district judge “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.”
28 U.S.C. § 636(b)(1); see also Williams v. Wainwright,
681 F.2d 732, 732(11th Cir. 1982). Without a specific objection, the judge has no obligation to review factual findings de novo.
28 U.S.C. § 636(b)(1); see also Garvey v. Vaughn,
993 F.2d 776, 779 n.9 (11th Cir. 1993). But the district court reviews legal conclusions de novo, even in the absence of an objection. Cooper-Houston v. S. Ry.,
37 F.3d 603, 604(11th Cir. 1994). After examining the file independently and upon considering Judge Dudek’s findings and recommendations, the Court accepts and adopts the Report and Recommendation in full. Accordingly, it is now ORDERED: The Report and Recommendation (Doc. 7) is ACCEPTED and ADOPTED and the findings incorporated herein. (1) The Complaint (Doc. 1) is DISMISSED without prejudice. (2) The Clerk is DIRECTED to enter judgment accordingly, deny any pending motions as moot, terminate any deadlines, and close the case. DONE and ORDERED in Fort Myers, Florida on July 29, 2024.
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
Reference
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