Johnson v. R.J. Reynolds Tobacco Co. et al
Filing
47
OPINION AND ORDER denying 37 motion to amend; adopting and incorporating 41 Report and Recommendations. Signed by Judge John E. Steele on 7/26/2013. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
L.
JERRY JOHNSON,
as
personal
representative of the Estate of
Carol A Hawes,
vs.
Case No.
2:12-cv-618-FtM-29UAM
R.J. REYNOLDS TOBACCO CO., a foreign
corporation, as successor by merger
to and Williamson Tobacco Company,
AMERICAN TOBACCO COMPANY,
Defendants.
___________________________________
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #41), filed July
3, 2013, recommending that plaintiff’s Motion to Amend (Doc. #37)
be denied.
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 that
the motion was untimely and not otherwise justified.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #41) is hereby adopted
and the findings incorporated herein.
2.
Plaintiff’s Motion to Amend (Doc. #37) is denied.
DONE AND ORDERED at Fort Myers, Florida, this
July, 2013.
Copies:
Hon. Douglas N. Frazier
United States Magistrate Judge
Counsel of Record
-2-
26th
day of
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