Cooks v. Denny's

Filing 9

OPINION AND ORDER adopting 8 Report and Recommendation re dismissal for failure to file an amended complaint. See Opinion and Order for details. The Clerk shall enter judgment dismissing the case without prejudice, terminate all pending motions and deadlines, and close the file. Signed by Judge John E. Steele on 7/14/2015. (MAW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ERIC COOKS,
Plaintiff,
v.

Case No: 2:14-cv-679-FtM-29CM

DENNY’S,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #8), filed June
26, 2015, recommending that the case be dismissed without prejudice
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.

On

December 29, 2014, the Magistrate Judge dismissed Plaintiff’s
Complaint without prejudice to filing an amended complaint on or
before January 29, 2015.

(Doc. #4.)

Despite receiving multiple

notices and extensions, Plaintiff has failed to file an amended
complaint and the time allotted by the Magistrate Judge has long
since expired.
Accordingly, it is now
ORDERED:
1.

The

Report

and

Recommendation

(Doc.

#8)

is

hereby

adopted and the findings incorporated herein.
2.

The

Clerk

shall

enter

judgment

dismissing

the

case

without prejudice, terminate all pending motions and deadlines,
and close the file.
DONE and ORDERED at Fort Myers, Florida, this
of July, 2015.

Copies:
Hon. Carol Mirando
United States Magistrate Judge
- 2 -

14th

day

Counsel of Record
Unrepresented parties

- 3 -