ODONOGHUE
v.
GUFFORD
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The District Court for the Middle District of Florida accepted and adopted a Magistrate Judge's Report and Recommendation dismissing plaintiff Odonoghue's complaint without prejudice for lack of prosecution. The plaintiff did not file objections to the recommendation within the statutory period.
The District Court accepted and adopted the Magistrate Judge's Report and Recommendation in full, dismissing the complaint without prejudice for lack of prosecution.
[1] A district court reviews de novo those portions of a magistrate judge's report to which specific written objections are made.
[2] A district court may accept a magistrate judge's recommendation without de novo review if no objections are filed, provided there is no clear error on the face of the rec…
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Join FLexlaw to unlock all legal intelligence“A district judge "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge."”
Establishes the district court's authority to review and act upon magistrate judge recommendations under 28 U.S.C. § 636(b)(1)
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Join FLexlaw to unlock all legal intelligencePlaintiff filed a complaint against defendant Charles P. Gufford in the District Court for the Middle District of Florida. A Magistrate Judge issued a…
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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.
Sheri Polster Rappell SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record