Robinson v. Asperilla et al

Filing 60

OPINION AND ORDER adopting and incorporating 59 Report and Recommendations. The Clerk shall enter defaults against defendants. The Final Pretrial Conference and trial term are cancelled. Plaintiff shall seek a default judgment against defendants within 60 days of this Opinion and Order or by end of business on May 6, 2014. Signed by Judge John E. Steele on 3/6/2015. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ALBERT M. ROBINSON,
Plaintiff,
v.

Case No: 2:13-cv-616-FtM-29DNF

MARIANITO O. ASPERILLA and
KURT R. SEPTER,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #59), filed
February 9, 2015, recommending that Clerk's defaults be entered
against defendants.

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.

As

a result of the defaults, the Court will cancel all scheduled
hearings.

As plaintiff is pro se, the Court would caution that a

judgment pursuant to Fed. R. Civ. P. 55(b) must be sought “without
delay”.

M.D. Fla. R. 1.07(b).

Accordingly, it is now
ORDERED:
1.

The

Report

and

Recommendation

(Doc.

#59)

is

hereby

adopted and the findings incorporated herein.
2.

The

Clerk

is

directed

to

enter

defaults

against

defendants Marianito Asperilla and Kurt Septer.
3.

The

Final

Pretrial

Conference

and

trial

term

are

cancelled and the deadlines will be terminated.
4.

Plaintiff

shall

seek

a

default

judgment

against

defendants within SIXTY (60) DAYS of this Opinion and Order, or by
end of business on May 6, 2015.

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5.

The failure to file a motion for default judgment will

result in the dismissal of the case for failure to prosecute,
without further notice or order.
DONE and ORDERED at Fort Myers, Florida, this
March, 2015.

Copies:
Hon. Douglas N. Frazier
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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6th

day of