DANILEY
v.
FLORIDA'S GREEN THUMB LAWN & PEST, LLC
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The court adopted the Magistrate Judge's Report and Recommendation, granting the plaintiff's motion for default judgment on Count I and dismissing Count II.
The plaintiff filed a motion for default judgment, which the Magistrate Judge recommended granting. The deadline to object passed without any objectio…
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The United States Magistrate Judge recommends granting the plaintiff’s second motion for default judgment. (Doc. 15). The deadline to object to the Magistrate Judge’s Report and Recommendation has passed without either party lodging an objection. Considering the record, the Court adopts the Report and Recommendation.
After conducting a review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge’s Report and Recommendation. 28 U.S.C. § 636(b)(1). If a party files a timely and specific objection to a finding of fact by a magistrate judge, the district court must conduct a de novo review with respect to that factual issue. Stokes v. Singletary , 952 F. 2d 1567, 1576 (11th Cir. 1992). The district court reviews legal conclusions de novo, even in the absence of an objection. See Cooper Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994) (per curiam); Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019).
In the absence of any objection and after reviewing the factual allegations and legal conclusions, I adopt the Report and Recommendation.
Accordingly, it is ORDERED:
1. The Magistrate Judge's Report and Recommendation (Doc. 15) is ADOPTED and made a part of this Order for all purposes.
2. The Plaintiff's motion for default judgment as to Count I (Doc. 11) is GRANTED.
3. Count II is DISMISSED without prejudice.
4. The Clerk is directed to ENTER JUDGMENT which shall read "Judgment is entered in favor of Plaintiff Tyler Daniley and against Defendant Florida's Green Thumb Lawn & Pest, LLC, in the amount of $6,193.26, plus postjudgment interest calculated at the statutory rate."
5. The Clerk is directed to CLOSE this case and TERMINATE any remaining deadlines.
ORDERED in Tampa, Florida, on January 31, 2025.
Kathryn Kimball Mizelle United States District Judge
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- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Durham Eldon Stokes v. Singletary, 952 F.2d 1567 (11th Cir. 1992)
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