Matthews v. Brothers Bless, LLC.

Filing 12

ORDER adopting 11 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 11/22/2017. (JW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION CLESTER MATTHEWS, Plaintiff, -vs- Case No. 3:17-cv-382-J-34MCR BROTHERS BLESS, LLC d/b/a First Choice Food Mart #4, Defendant. _____________________________________/ ORDER THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 11; Report), entered by the Honorable Monte C. Richardson, United States Magistrate Judge, on November 1, 2017. In the Report, Judge Richardson recommends that this case be dismissed without prejudice 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 finding or recommendations 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). -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. 11) is ADOPTED as the opinion of the Court. 2. This case is DISMISSED without prejudice for failure to prosecute pursuant to Rule 3.10(a), Local Rules, United States District Court, Middle District of Florida. 3. The Clerk of Court is directed to terminate all pending motions and deadlines as moot and close the file. DONE AND ORDERED in Jacksonville, Florida, this 22nd day of November, 2017. ja Copies to: Counsel of Record -2-

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