ROSSER
v.
GROWIN ESTATE LLC
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The court granted Plaintiff's motion for default judgment and entered judgment for $1,000, while dismissing claims for class representation and injunctive relief.
Plaintiff moved for default judgment, and the Magistrate Judge recommended granting the motion. No parties objected to the recommendation. Plaintiff h…
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Before the Court is Plaintiffs Motion for Entry of Default Judgment (Doc. 21) and United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. 24). Judge Dudek recommends that Plaintiffs Motion be granted. (Doc. 24). 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," the magistrate judge's Report and Recommendation. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the 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. United States Magistrate Judge Kyle C. Dudek's Report and
Recommendation (Doc. 24) is ACCEPTED and ADOPTED, and the findings incorporated herein.
2. Plaintiff's claims to represent a class of similarly situated persons and obtain injunctive relief are DISMISSED as Plaintiff has abandoned and withdrawn those claims.
3. Plaintiff's Motion for Entry of Default Judgment (Doc. 21) is
GRANTED.
4. The Clerk is DIRECTED to enter judgment in favor of Plaintiff in the amount of $1,000.
DONE and ORDERED in Fort Myers, Florida on March 12, 2024.
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
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Citator
Authorities Cited
- Thomas v. Arn, 474 U.S. 140 (U.S. 1985)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Farley v. Nationwide Mut. Ins. Co., 197 F.3d 1322 (11th Cir. 1999)