MONTENERO
v.
MARRIOT HOTEL SERVICES, LLC
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The District Court for the Middle District of Florida adopted a magistrate judge's recommendation to dismiss Montenero's action against Marriot Hotel Services, LLC without prejudice for failure to prosecute. No party objected to the magistrate judge's report, so the court applied plain error review and found no error warranting rejection of the recommendation.
The court accepted and adopted the magistrate judge's Report and Recommendation in full and dismissed the action without prejudice for failure to prosecute. The court found no plain error that would require rejection of the recommendation despite the lack of party objections.
[1] A district judge may accept, reject, or modify a magistrate judge's report and recommendation in whole or in part.
[2] In the absence of a specific objection to a magistrate judge's report and recommendation, a district judge is not required to review the report de novo.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In the absence of a specific objection, there is no requirement that a district judge review a report and recommendation de novo [...] Instead, when parties don't object, a district court need only correct plain error as demanded by the interests of justice.”
Establishes the standard of review applicable when parties fail to object to a magistrate judge's report and recommendation
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Join FLexlaw to unlock all legal intelligenceMontenero filed an action against Marriot Hotel Services, LLC in the Middle District of Florida (Case No. 2:24-cv-973-SPC-KCD). A magistrate judge iss…
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Before the Court is United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. 38). Judge Dudek recommends that the Court dismiss this action without prejudice for failure to prosecute. No party objected, so the matter is ripe for review.
After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part," a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1)(C). In the absence of a specific objection, there is no requirement that a district judge review a report and recommendation de novo. See Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties don't object, a district court need only correct plain error as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 F. App'x 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights"; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F. 3d 1322, 1329 (11th Cir. 1999).
After careful consideration and an independent review of the case, the Court finds no plain error. It accepts and adopts the Report and Recommendation in full.
Accordingly, it is now ORDERED:
1. Judge Dudek's Report and Recommendation (Doc. 38) is ACCEPTED and ADOPTED, and the findings incorporated herein.
2. This action is DISMISSED without prejudice for failure to prosecute.
3. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close the case.
DONE and ORDERED in Fort Myers, Florida on January 23, 2025.
Sheri Polster Rappell
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record