Pearson v. Blom

Filing 8

ORDER adopting 7 Report and Recommendation. This case is dismissed without prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 7/1/2011. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
SAM J. PEARSON, IV,
Plaintiff,
vs.

Case No. 3:11-cv-143-J-34MCR

K.L. BLOM,
Defendant.
_____________________________________/
ORDER

THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 7;
Report), entered by the Honorable Monte C. Richardson, United States Magistrate Judge,
on April 4, 2011. In the Report, Magistrate Judge Richardson recommends that this case
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). "When no timely
objection is filed, the court need only satisfy itself that there is no clear error on the face of
the record in order to accept the recommendation." Rule 72(b), Federal Rules of Civil
Procedure (Rule(s)), advisory committee's note (1983); see also Macort v. Prem, Inc., 208
Fed. Appx. 781, 784-85 (11th Cir. 2006) (per curiam). Therefore, 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). However,
the district court must review the legal conclusions in the report de novo.

See

Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States v. Rice, No.
2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at *1 (M.D. Fla. May 14, 2007); see also 28
U.S.C. § 636(b)(1).
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. 7) is

ADOPTED as the opinion of the Court.
2.

This case is DISMISSED WITHOUT PREJUDICE.

3.

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 1st day of July, 2011.

ja
Copies to:
Counsel of Record
Pro Se Plaintiff
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