UNITED STATES OF AMERICA
v.
CHARLOTTE PAIN MANAGEMENT CENTER, INC.

M.D. Fla. | 2020-12-17
No. 2:19-cv-156
District Court, M.D. Florida (2020)

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Holding

The court accepted and adopted the Magistrate Judge's Report and Recommendation, dismissing the case as to Plaintiff Jason Ipo for failure to prosecute and dismissing the case as to the Government with consent.

Facts & Procedural History

The Magistrate Judge recommended dismissing the case against Plaintiff Jason Ipo for failure to prosecute. The Government consented to a dismissal wit…

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics
Report And Recommendation Review Legal Conclusions De Novo Review Of Legal Conclusions Failure To Prosecute

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Opinion of the Court

MANAGEMENT CENTER, INC., NANCY HARRIS and SMART PHARMACY, INC.,

Defendants. /

ORDER1

Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (“R&R”) (Doc. 19). Judge McCoy recommends dismissing this case as to Plaintiff Jason Ipo for failure to prosecute. Ipo did not timely object. And the Government consents to a dismissal without prejudice (Doc. 20). 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 the magistrate

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 recommendations, 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. Southern Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994). After careful consideration and an independent review of the file, the Court accepts and adopts the R&R (Doc. 19) in full.

Accordingly, it is now ORDERED: (1) The Report and Recommendation (Doc. 19) is ACCEPTED and ADOPTED and incorporated into this Order. (2) As to Plaintiff Jason Ipo, this case is DISMISSED without prejudice for failure to prosecute. (3) As to the Government—with its consent (Doc. 20)—this case is DISMISSED without prejudice.

(4) The Clerk is DIRECTED to enter judgment, terminate any pending motions or deadlines, and close the file. DONE and ORDERED in Fort Myers, Florida on December 17, 2020.

tite POLSTER otal

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

Footnotes
1 Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order. judge’s R&R. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). In the absence of specific objections, there is no

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