Thomas v. Calvarese et al

Filing 18

ORDER adopting 17 REPORT AND RECOMMENDATION. This case is dismissed without prejudice. The Clerk of the Court is directed to enter judgment, terminate any pending motions or deadlines as moot and close the file. Signed by Judge Marcia Morales Howard on 3/20/2009. (JW)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION REDELK IRONHORSE THOMAS, Plaintiff, -vsSTEPHEN C CALVARESE; SOCIAL SECURITY ADMINISTRATION; and WILLIAM E HORNE, JR., Defendants. _________________________________/ ORDER1 Case No. 3:08-cv-790-J-34HTS

THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 17;
Report), entered by the Honorable Howard T. Snyder, United States Magistrate Judge, on February 27, 2009. In the Report, Magistrate Judge Snyder recommended that this action be dismissed for failure to prosecute. See Report at 2. Plaintiff has failed to file objections to the Report, and the time for doing so has now passed. The Court "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). If no specific objections to findings of facts are filed, the district court 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); see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994);

This is a "written opinion" under § 205(a)(5) of the E-Government Act and therefore is available electronically. However, it has been entered only to decide the issue addressed herein and is not intended for official publication or to serve as precedent.

1

United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at * 1 (M.D. Fla. May 14, 2007). Upon independent review of the file and for the reasons stated in the Magistrate Judge's Report, the Court will accept and adopt the legal and factual conclusions recommended by the Magistrate Judge. Accordingly, it is hereby ORDERED: 1. The Magistrate Judge's Report and Recommendation (Dkt. No. 17) is

ADOPTED as the opinion of the Court. 2. 3. This case is DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is directed to enter judgment dismissing the case

without prejudice, terminate any pending motions or deadlines as moot, and close this file. DONE AND ORDERED at Jacksonville, Florida, this 20th day of March, 2009.

ja Copies to: Counsel of Record Pro Se Plaintiff

-2-