Wilson v. J.P. Morgan Chase Bank et al

Filing 7

OPINION AND ORDER adopting and incorporating 6 Report and Recommendations. The Clerk shall enter judgment dismissing the case without prejudice for failure to prosecute, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 6/11/2012. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROBERT WM. WILSON,
Plaintiff,
vs.

Case No.

2:11-cv-607-FtM-29SPC

J.P. MORGAN CHASE BANK, as Trustee
of Security National Mortgage Loan
Trust 2001-1, SECURITY NATIONAL
SERVICING
CORPORATION,
GIRARD
SAVINGS BANK,
CITIBANK, ONTRA,
INC., BRISTOL OAKS, ALASKA SEABOARD,
FLORIDA DEFAULT LAW GROUP, and their
named/senior partners formerly known
as ECHEVARRIA, CODILIS & STAWIARSKI,
ROGER BEAR, 304212, JOSEPH RUSHING,
28365,
WILLIAM
HUFFMAN,
31084,
THOMAS M. MOON, 386588, BARBARA
LEON, 582115,
ERIC
T.
MAGOON,
562300, J. ANTHONY VAN NESS, 391832,
CHRISTINA PAPPAS, 715589, KIERSTEN
JENSEN, 667854, ROBERT S. KAHANE,
946850,
JR. ROBERT C. HILL,
241891, JULIE H. SCHEIDTER, 0434817,
THOMAS J. WOHL, 0022131, CHARLIE
GREEN, Clerk of the Circuit, JR.
Court,
OFFICE
OF
COURT
ADMINISTRATION,
20th
Judicial
Circuit,
FRANCIS
LYNN
GERALD,
111328, in his individual capacity,
Defendants.
___________________________________

OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #6), filed May
11, 2012, recommending that the action be dismissed for failure to

prosecute.

No objections have been filed and the time to do so has

expired.
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.
636(b)(1);

28 U.S.C. §

Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982),

cert. denied, 459 U.S. 1112 (1983).

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 recommendations.
636(b)(1)(C).

28 U.S.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); Castro
Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993),
aff’d, 28 F.3d 116 (11th Cir. 1994) (Table).
After conducting an independent examination of the file and
upon due consideration of the Report and Recommendation, the Court
accepts the Report and Recommendation of the magistrate judge.
Accordingly, it is now
ORDERED:
1.

The Report and Recommendation (Doc. #6) is hereby adopted

and the findings incorporated herein.

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2. The Clerk shall enter judgment dismissing the case without
prejudice for failure to prosecute, terminate all deadlines and
motions, and close the file.
DONE AND ORDERED at Fort Myers, Florida, this
June, 2012.

Copies:
Hon. Sheri Polster Chappell
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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11th

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