CURRY
v.
WASTE PRO OF FLORIDA, INC.
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The court granted the plaintiff's motion to award attorneys' fees.
Plaintiff filed a motion for attorneys' fees, which was recommended for granting by a Magistrate Judge. No objections were filed by the defendant.…
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This matter is before the Court on consideration of United States Magistrate Judge Christopher Tuite’s Report and Recommendation (Doc. # 32), filed on December 6, 2022, recommending that Plaintiff’s Motion to Award Attorneys’ Fees (Doc. # 29) be granted. As of the date of this Order, no objections have been filed and the time for filing objections has lapsed. The Court accepts and adopts the Report and Recommendation and grants Plaintiff’s Motion as stated herein. Discussion After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendation. 28 U.S.C. § 636(b)(1)(C). The district judge 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); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F. 3d 116 (11th Cir. 1994). After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the magistrate judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 32) is ACCEPTED and ADOPTED. (2) Plaintiff John Curry’s Motion to Award Attorneys’ Fees
(Doc. # 29) is GRANTED. John Curry is directed to submit a supplemental motion in accordance with Middle District of Florida Local Rule 7.01(c). DONE and ORDERED in Chambers in Tampa, Florida, this 27th day of December, 2022.
lagi Fp. Heenarly Cry, VIR IA M. HERNANDEZ’COVINGTON
UNITED STATES DISTRICT JUDGE
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Citator
Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Castro Bobadilla v. Reno, 1993 WL 259424 (S.D. Fla. 1993)