Downer v. Health Management Associates, Inc.
Filing
17
OPINION AND ORDER denying 15 Motion to extend time; adopting and incorporating 16 Report and Recommendations. The Clerk shall enter judgment dismissing the case without prejudice pursuant to Fed. R. Civ. P. 4(m) for failure to affect timely service of process, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 7/26/2013. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
EMILY DOWNER,
Plaintiff,
vs.
Case No.
2:12-cv-580-FtM-29DNF
HEALTH MANAGEMENT ASSOCIATES, INC.
d/b/a
Lehigh
Regional
Medical
Center,
Defendant.
___________________________________
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #16), filed July
8, 2013, recommending that the Motion for Extension of Time to
Serve the Complaint (Doc. #15) be denied and the case dismissed for
failure to affect service of process.
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.
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); 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 and
will dismiss the case for failure to affect timely service of
process under Fed. R. Civ. P. 4(m).
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #16) is hereby adopted
and the findings incorporated herein.
2.
Plaintiff’s Motion for Extension of Time to Serve the
Complaint (Doc. #15) is denied.
3. The Clerk shall enter judgment dismissing the case without
prejudice pursuant to Fed. R. Civ. P. 4(m) for failure to affect
timely service of process, terminate all deadlines and motions, and
close the file.
DONE AND ORDERED at Fort Myers, Florida, this
July, 2013.
-2-
26th
day of
Copies:
Hon. Douglas N. Frazier
United States Magistrate Judge
Counsel of Record
-3-
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