Wescott v. Martin et al
ORDER adopting 6 Report and Recommendation; dismissing case without prejudice; directing the Clerk of the Court to close the file. Signed by Judge Marcia Morales Howard on 7/15/2021. (JW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Case No. 3:21-cv-319-MMH-JRK
JOSEPH MARTIN, LEIGH
LIGHTFOOT, and DOES 1
THIS CAUSE is before the Court on the Report and Recommendation
(Dkt. No. 6; Report), entered by the Honorable James R. Klindt, United States
Magistrate Judge, on June 24, 2021. In the Report, Judge Klindt 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).
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
1. The Magistrate Judge’s Report and Recommendation (Dkt. No. 6) 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 15th day of July,
Counsel of Record
Pro Se Party
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