Baker v. Advanced Imaging of Port Charlotte, LLC

Filing 26

ORDER adopting 25 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Jeffrey Baker. United States Magistrate Judge Mac R. McCoy's Report and Recommendation 25 is ACCEPTED and ADOPTED and the findings incorporated herein. The Clerk of Court is DIRECTED to enter a Clerk's Default against Defendant Advanced Imaging of Port Charlotte, LLC. Signed by Judge Sheri Polster Chappell on 6/11/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JEFFREY BAKER, an individual
Plaintiff,
v.

Case No: 2:17-cv-403-FtM-38MRM

ADVANCED IMAGING OF PORT
CHARLOTTE, LLC,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Mac R.
McCoy’s Report and Recommendation. (Doc. 25). Judge McCoy recommends the Clerk
of Court be directed to enter a Clerk’s Default against Defendant Advanced Imaging of
Port Charlotte, LLC because of the company’s repeated failures to hire counsel. (Doc.
25). Advanced Imaging has not objected to the Report and Recommendation, and the
time to do so has expired. The Report and Recommendation is thus 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). The district
judge “shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. And “[t]he judge

1

Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These
hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in
CM/ECF are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not endorse,
recommend, approve, or guarantee any third parties or the services or products they provide on their
websites. Likewise, the Court has no agreements with any of these third parties or their websites. The
Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a
hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court.

may also receive further evidence or recommit the matter to the magistrate judge with
instructions.” Id.
After examining the file independently, and upon considering Judge McCoy’s
findings and recommendations, the Court accepts and adopts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
(1) United States Magistrate Judge Mac R. McCoy’s Report and Recommendation
(Doc. 25) is ACCEPTED and ADOPTED and the findings incorporated herein.
(2) The Clerk of Court is DIRECTED to enter a Clerk’s Default against Defendant
Advanced Imaging of Port Charlotte, LLC.
DONE and ORDERED in Fort Myers, Florida this 11th day of June 2018.

Copies: All Parties of Record

2