Adkins v. Allstate Fire and Casualty Insurance Company

Filing 17

ORDER adopting 10 REPORT AND RECOMMENDATIONS re 8 MOTION to Amend/Correct 3 Complaint , Add Additional Defendants and for Remand MOTION to remand to filed by Glen Adkins. The Report and Recommendation of United States Magistr ate Judge Douglas N. Frazier 10 is ADOPTED and the findings incorporated herein. Plaintiff Glen Adkins' Motion for Leave to Amend Complaint and Add Additional Defendant and for Remand 8 is DENIED. Signed by Judge Sheri Polster Chappell on 1/5/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GLEN ADKINS,
Plaintiff,
v.

Case No.: 2:14-cv-588-FtM-38DNF

ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY, an Illinois
corporation,
Defendant.
___________________________________/
ORDER1
This matter is before the Court on the Report and Recommendation of United
States Magistrate Judge Douglas N. Frazier (Doc. #10) filed on December 15, 2014.
Magistrate Judge Frazier recommends denying Plaintiff Glen Adkin's Motion for Leave to
Amend Complaint and Add Additional Defendant and for Remand (Doc. #8). Neither
Plaintiff nor Defendant have filed objections to the Report and Recommendation, 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. See 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d

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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. See 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).
Upon due consideration of the Report and Recommendation and an independent
examination of the file, the Court accepts the findings and recommendations in the Report
and Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation of United States Magistrate Judge Douglas
N. Frazier (Doc. #10) is ADOPTED and the findings incorporated herein.
2. Plaintiff Glen Adkins' Motion for Leave to Amend Complaint and Add Additional
Defendant and for Remand (Doc. #8) is DENIED.
DONE and ORDERED in Fort Myers, Florida this 5th day of January, 2015.

Copies: All Parties of Record

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