Jack v. Gerber Life Insurance Company

Filing 10

ORDER adopting 8 Report and Recommendation. The Report and Recommendation 8 is ACCEPTED and ADOPTED and the findings incorporated herein. Plaintiff Todd M. Jack's Complaint 1 , is DISMISSED WITHOUT PREJUDICE. The Clerk is directed to enter judgment accordingly, terminate any pending motions and close the file. Signed by Judge Sheri Polster Chappell on 8/17/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TODD M. JACK,
Plaintiff,
v.

Case No: 2:15-cv-744-FtM-99CM

GERBER LIFE INSURANCE
COMPANY,
Defendant.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando's Report and Recommendation (Doc. #8) filed on July 19, 2016. Judge Mirando
recommends dismissing the Plaintiff, Todd M. Jack's Complaint (Doc. #1). On June 14,
2016, Judge Mirando issued an Order (Doc. #7) wherein she cautioned Plaintiff that
failure to comply with the Court’s prior Order (Doc. #7) could result in the Court
recommending that this matter be dismissed without prejudice due to Plaintiff’s failure to
comply with Rules 8 and 10, Federal Rules of Civil Procedure. The Court provided the
Plaintiff until July 15, 2016, to file an amended complaint or Plaintiff’s Complaint (Doc. #1)
could be dismissed.
Furthermore, the Court’s Order was returned undeliverable as Plaintiff has not
provided an updated address to the Court. Plaintiff has the burden to keep the Court

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websites. Likewise, the Court has no agreements with any of these third parties or their websites. The
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apprised of his mailing address. Presently, the Court has no way of communicating with
Plaintiff. See Battle v. Collier County Sheriff’s Office, No. 2:14-cv-98-FtM-29DNF, 2014
WL 905483, at *1 (M.D. Fla. March 6, 2014) (stating that issuing an Order to Show Cause
would be futile as the order would be returned, and that the case was subject to dismissal
for Plaintiff’s failure to keep the Court apprised of his mailing address.) Neither party has
filed an objection to the Report and Recommendation, and the time to do so has expired.
The Report and Recommendation (Doc. #8) is ripe for review.
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); see also Williams v. Wainwright,
681 F.2d 732 (11th Cir. 1982).

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 CooperHouston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After independently examining the file and upon carefully considering Judge
Miranda's findings and recommendations, the Court accepts the Report and
Recommendation (Doc. #8).
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. #8) is ACCEPTED and ADOPTED
and the findings incorporated herein.

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(2) Plaintiff Todd M. Jack's Complaint (Doc. #1), is DISMISSED WITHOUT
PREJUDICE.
(3) The Clerk is directed to enter judgment accordingly, terminate any pending
motions and close the file.
DONE and ORDERED in Fort Myers, Florida this 17th day of August 2016.

Copies: All Parties of Record

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