Adams v. JPMorgan Chase Bank, N.A.
Filing
56
ORDER adopting 50 Report and Recommendation; denying 5 Defendant's Motion to Dismiss Counts IV-VI of Plaintiff's Amended Complaint. Amended answer due April 19, 2013. Signed by Judge Marcia Morales Howard on 4/5/2013. (JW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
FRANK LANDON ADAMS, JR.,
Plaintiff,
vs.
Case No. 3:12-cv-1026-J-99MMH-JBT
JP MORGAN CHASE BANK, N.A., etc.,
Defendant.
_____________________________________
ORDER
THIS CAUSE is before the Court on Magistrate Judge Joel B. Toomey’s Report and
Recommendation (Doc. No. 50; Report), entered on February 28, 2013. In the Report,
Magistrate Judge Toomey recommends that Defendant’s Motion to Dismiss Counts IV-VI of
Plaintiff’s Amended Complaint (Doc. No. 5; Motion) be denied, and that Defendant be
directed to answer these counts. No objections to the Report have been filed, 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.
Magistrate Judge Toomey’s Report and Recommendation (Doc. No. 50) is
ADOPTED by the Court.
2.
Defendant’s Motion to Dismiss Counts IV-VI of Plaintiff’s Amended Complaint
(Doc. 5) is DENIED.
3.
Defendant shall file an amended answer in which it responds to all counts of
Plaintiff’s Amended Complaint on or before April 19, 2013.
DONE AND ORDERED in Jacksonville, Florida, this 5th day of April, 2013.
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Copies to:
Pro Se Plaintiff
Counsel of Record
The Honorable Joel B. Toomey,
United States Magistrate Judge
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