Kareiva v. Welch et al

Filing 6

ORDER adopting 5 Report and Recommendation. The Clerk of the Court is directed to transfer this case to the United States District Court, Middle District of Georgia, Albany Division. Signed by Judge Marcia Morales Howard on 5/4/2012. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

ELIZABETH KAREIVA,
Plaintiff,
-vs-

Case No.: 3:12-cv-375-J-34JBT

OFFICER MICHAEL WELCH and
ASHBURN GEORGIA POLICE
DEPARTMENT,
Defendants.
______________________________________

ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 5;
Report), entered by the Honorable Joel B. Toomey, United States Magistrate Judge, on April
9, 2012. In the Report, the Magistrate Judge recommends that this action be transferred for
all further proceedings to the United States District Court for the Middle District of Georgia,
Albany Division, or alternatively, that the action be dismissed without prejudice. See Report
at 3. 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 fact 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); 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 Report and Recommendation (Dkt. No. 5) is ADOPTED as the opinion of

the Court.
2.

The Clerk of the Court is directed to transfer this case for all further

proceedings to the United States District Court for the Middle District of Georgia, Albany
Division, and close this file.
DONE AND ORDERED at Jacksonville, Florida, this 4th day of May, 2012.

ja
Copies to:
The Honorable Joel B. Toomey
United States Magistrate Judge
Counsel of Record
Pro Se Parties