Farrest v. KNT Distributors, Inc. et al

Filing 40

OPINION AND ORDER adopting and incorporating 39 Report and Recommendations; dismissing 26 Amended Complaint without prejudice for failure to prosecute. The Clerk shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 5/2/2017. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SCOTT
FARREST,
individual,

an

Plaintiff,
v.

Case No: 2:16-cv-111-FtM-99MRM

KNT DISTRIBUTORS, INC., a
Florida
corporation
and
TIMOTHY HIRT, an individual,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #39), filed
April 17, 2017, recommending that the Amended Complaint (Doc. #26)
be dismissed 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.

28 U.S.C. §

636(b)(1).

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
notes a failure to respond to the Court’s orders and accepts the
Report and Recommendation of the magistrate judge.
Accordingly, it is now
ORDERED:
1.

The

Report

and

Recommendation

(Doc.

#39)

is

hereby

adopted and the findings incorporated herein.
2.

Plaintiff's Amended Complaint (Doc. #26) is dismissed

without prejudice for failure to prosecute.

The Clerk shall enter

judgment accordingly, terminate all pending motions and deadlines,
and close the file.
DONE and ORDERED at Fort Myers, Florida, this
May, 2017.

Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Parties of Record

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