AYATOLLAH HYLTON
v.
CHIVONE JANEE HYLTON, ET AL.
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The court adopted the Magistrate Judge's report and recommendation, granting one motion to dismiss and denying others as moot.
[1] A magistrate judge's factual findings are adopted when no timely objections are filed to the report and recommendation.
[2] A court may conduct a de novo review of a magistrate judge's report and recommendation even if no objections are filed.
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Join FLexlaw to unlock all legal intelligence“As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 96] are hereby adopted and deemed incorporated into this opinion.”
Establishes that absent timely objections, a magistrate judge's factual findings are automatically adopted by the district court.
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Join FLexlaw to unlock all legal intelligencePlaintiff filed an amended complaint and various motions, including motions for default judgment and to strike. Defendant Freedom Mortgage Corporation…
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THIS CAUSE is before the Court upon the Omnibus Report and Recommendation on Pending Motions (the “Report”) [DE 96], issued by Magistrate Judge Augustin-Birch on January 5, 2026. [DE 96]. The Court notes that no objections to the Report [DE 96] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 96] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F. 2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993).
Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 96] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge's analysis and conclusions.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report [DE 96] is hereby ADOPTED and APPROVED;
2. Defendant Freedom Mortgage Corporation's Motion to Dismiss [DE 60] is GRANTED and the remaining Motions to Dismiss [DE 80; DE 82; DE 83; DE 90; DE 94] are DENIED AS MOOT.
3. The Amended Complaint [DE 21-1] is DISMISSED WITHOUT PREJUDICE WITH LEAVE TO AMEND. [fn 1]
4. Plaintiff's Motion for Default Final Judgment against Defendant Freedom Mortgage Corporation [DE 62] is DENIED.
5. Defendant Freedom Mortgage Corporation's Motion to Set Aside Clerk's Entry of Default and for Sanctions Against Plaintiff [DE 59] is GRANTED IN PART AND DENIED IN PART. The Clerk's entry of default against Defendant Freedom Mortgage Corporation [DE 55] is SET ASIDE.
6. Plaintiff's Motion to Strike [DE 66] is DENIED.
7. Plaintiff's Motion for Default Final Judgment against Defendant Budget Notary Services, Inc. [DE 76] is DENIED.
8. The Clerk's entry of default against Defendant Michael H. Johnson [DE 88] is SET ASIDE.
9. Plaintiff's Motion to Strike Defendant Michael H. Johnson's Motion to Dismiss [DE 91] is DENIED.
10. This case remains REFERRED to Magistrate Judge Augustin-Birch.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 21st day of January, 2026.
WILLIAM P. DIMITROULEAS United States District Judge
Copies furnished to: Counsel of record and pro se parties Magistrate Judge Augustin-Birch
[fn 1]: The Court notes that Plaintiff has already filed a Second Amended Complaint [DE 98] on January 9, 2026, prior to the expiration of the objection period to Judge Augustin-Birch's Report and Recommendation [DE 96].
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Citator
Authorities Cited
- LoCONTE v. Dugger, 847 F.2d 745 (11th Cir. 1988)
- Resolution Tr. Corp. v. Hallmark Builders, Inc., 996 F.2d 1144 (11th Cir. 1993)
- LoConte v. Dugger, 488 U.S. 958 (U.S. 1988)