Woods v The United States of America

Filing 34

ORDER adopting 29 Report and Recommendation; denying 14 Defendant's Motion to Dismiss. Answer due February 19, 2019. Signed by Judge Marcia Morales Howard on 2/5/2019. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
DONNA WOODS,
Plaintiff,
Case No. 3:17-cv-1347-J-34MCR
vs.
THE UNITED STATES OF AMERICA,
Defendant.
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ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No.
29; Report), entered by the Honorable Monte C. Richardson, United States Magistrate
Judge, on January 3, 2019. In the Report, Judge Richardson recommends that the United
States’ Motion to Dismiss (Dkt. No. 14) be denied and that the United States be directed
to answer the Complaint (Dkt. No. 1) within fourteen days. See Report at 1, 12. No
objections to the Report have been filed, and the time for doing so has 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).
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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. 29) is
ADOPTED as the opinion of the Court.
2. Defendant the United States of America’s Motion to Dismiss (Dkt. No. 14) is
DENIED.
3. Defendant the United States of America shall have up to and including
February 19, 2019, to file an answer to the Complaint (Dkt. No. 1).
DONE AND ORDERED in Jacksonville, Florida, this 5th day of February 2019.

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Copies to:
Counsel of Record

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