Phipps v. Steve Whidden

Filing 27

ORDER adopting 25 REPORT AND RECOMMENDATIONS re 11 Amended Complaint filed by Pauline Phipps. The Report and Recommendation 25 is ACCEPTED and ADOPTED and the findings are incorporated herein. This cause is DISMISSED without prejudice. The Clerk is directed to terminate any pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 3/27/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PAULINE PHIPPS,
Plaintiff,
v.

Case No: 2:16-cv-542-FtM-38MRM

STEVE WHIDDEN,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Mac R.
McCoy’s Report and Recommendation (Doc. #25) filed on March 9, 2017. Judge McCoy
recommends dismissing this action against Steve Whidden based on Plaintiff’s failure to
prosecute. No objections have been filed and the time to do so has now expired. The
matter is ripe for review.
A district judge “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). If no specific
objections to findings of fact are filed, the district judge is not required to conduct a de
novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir.
1993). However, the district judge must review legal conclusions de novo, even in the

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absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604
(11th Cir. 1994)
After careful consideration of the Report and Recommendation and an
independent review of the file, the Court adopts, accepts, and approves the Report and
Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #25) is ACCEPTED and ADOPTED
and the findings are incorporated herein.
2. This cause is DISMISSED without prejudice.

The Clerk is directed to

terminate any pending motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 27th day of March, 2017.

Copies:
Hon. Mac R. McCoy
All Parties of Record

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