Bowen v. LexisNexis Risk Solutions Inc.

Filing 40

OPINION AND ORDER adopting and incorporating 39 Report and Recommendations; dismissing case without prejudice for lack of prosecution and for failure to comply with court orders. The Clerk shall enter judgment accordingly, terminate all pending matters, and close the case. Signed by Judge John E. Steele on 8/1/2022. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GEOFFREY BOWEN,
Plaintiff,
v.

Case No:

2:21-cv-796-JES-NPM

LEXISNEXIS RISK SOLUTIONS,
INC.,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #39), filed
July 11, 2022, recommending that the action be dismissed for lack
of prosecution and for failure to comply with the Court's orders.
The Report and Recommendations were mailed to pro se plaintiff on
July 12, 2022.

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.

28 U.S.C. §

636(b)(1); 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).

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.
Accordingly, it is now
ORDERED:
1.

The

Report

and

Recommendation

(Doc.

#39)

is

hereby

adopted, and the findings incorporated herein.
2.

The action is DISMISSED without prejudice for lack of

prosecution and for failure to comply with court orders.
3.

The Clerk shall enter judgment accordingly, terminate

all pending motions and deadlines, and close the case.
DONE and ORDERED at Fort Myers, Florida, this
August 2022.

- 2 -

1st

day of

Copies:
Hon. Nicholas P. Mizell
United States Magistrate Judge
Parties of Record

- 3 -