MARRERO
v.
STATE FARM FIRE AND CASUALTY COMPANY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Court adopts the Magistrate Judge's recommendation to grant the defendant's motion to dismiss.
Plaintiff filed a complaint against the defendant. The defendant filed a motion to dismiss, which was reviewed by a Magistrate Judge. The Magistrate J…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Magistrate Judge'S Report And Recommendation Review cases and more on FLexlaw
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 23; Report) entered by the Honorable Joel B. Toomey, United States Magistrate Judge, on May 24, 2021. In the Report, Judge Toomey recommends that Defendant’s Amended Motion to Dismiss Plaintiff’s Complaint and Incorporated Memorandum of Law in Support (Dkt. No. 6; Motion) be granted to the extent that Plaintiff’s Complaint (Dkt. No. 3) be dismissed without prejudice. See Report at 9. To date, no objections to the Report have been filed, and the time for doing so has passed. The Court “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). If no specific objections to findings of facts are filed, the district court is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993); see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de novo. See Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994); United States v. Rice, No. 2:07-mc-8-FtM- 29SPC, 2007 WL 1428615, at * 1 (M.D. Fla. May 14, 2007).
Upon independent review of the file and for the reasons stated in the Magistrate Judge’s Report, the Court will accept and adopt the legal and factual conclusions recommended by the Magistrate Judge. Accordingly, it is hereby ORDERED:
1. The Report and Recommendation (Dkt. No. 23) is ADOPTED as the opinion of the Court. 2. Defendant’s Amended Motion to Dismiss Plaintiff’s Complaint and Incorporated Memorandum of Law in Support (Dkt. No. 6) is
GRANTED to the extent that Plaintiff’s Complaint is DISMISSED without prejudice.
3. The Clerk of the Court is directed to terminate any pending motions and close the file. DONE AND ORDERED at Jacksonville, Florida, this 22nd day of June, 2021.
MARCIA MORALES HOWARD
United States District Judge
Copies to: Counsel of Record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Hoffman v. Ariz. Beverages USA, LLC (M.D. Fla. 2025)