Mazyck v. Wilkes et al

Filing 27

ORDER adopting 26 Report and Recommendation; granting 14 Defendant Ocwen's Motion to Dismiss; 15 Defendants Kass Shuler P.A., Ashley L. Simon, and Jennifer M. Scott's Motion to Dismiss; 16 Defendant Honorable William Wilkes' Motion to Dismiss. This case is dismissed without prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 7/16/2015. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

MARY ELIZABETH MAZYCK,
Plaintiff,
vs.

Case No. 3:14-cv-939-J-34JRK

WILLIAM WILKES, et al.,
Defendant.
_____________________________________/
ORDER

THIS CAUSE is before the Court on the Report and Recommendation (Doc. No.
26; Report), entered by the Honorable James R. Klindt, United States Magistrate Judge,
on June 22, 2015. In the Report, Judge Klindt recommends that Defendant Ocwen Loan
Servicing, LLC’s Motion to Dismiss (Doc. No. 14); Defendants, Kass Shuler P.A., Ashley
L. Simon, and Jennifer M. Scott’s Motion to Dismiss Plaintiff’s Amended Complaint
Pursuant to Order and Accompanying Memorandum of Law (Doc. No. 15); and
Defendant, Honorable William Wilkes’ Motion to Dismiss for Lack of Jurisdiction (Doc. No.
16) be granted. See Report at 11. Plaintiff has failed to file objections to the Report, and
the time for doing so has now passed. Thus, the matter is ripe for review.
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); 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 Judge Klindt’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 (Doc. No. 26) is

ADOPTED as the opinion of this Court.
2.

Defendant Ocwen Loan Servicing, LLC’s Motion to Dismiss (Doc. No. 14);

Defendants, Kass Shuler P.A., Ashley L. Simon, and Jennifer M. Scott’s Motion to
Dismiss Plaintiff’s Amended Complaint Pursuant to Order and Accompanying
Memorandum of Law (Doc. No. 15); and Defendant, Honorable William Wilkes’ Motion to
Dismiss for Lack of Jurisdiction (Doc. No. 16) are GRANTED.
3.

This matter is DISMISSED without prejudice for failure to state a valid

claim and lack of subject matter jurisdiction.

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4.

The Clerk of the Court is directed to terminate all pending motions and

deadlines as moot and close the file.
DONE AND ORDERED at Jacksonville, Florida, this 16th day of July, 2015.

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Copies to:
The Honorable James R. Klindt
United States Magistrate Judge
Counsel of Record
Pro Se Party

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