Calixto v. Lesmes
ORDER: The Report and Recommendation (Doc. # 49 ) is ACCEPTED and ADOPTED. Petitioner's Objection to the Report and Recommendation (Doc. # 50 ) is OVERRULED. Petitioner's Verified Petition for Return of the Child to Colombia (Doc. # [ 6]) is DENIED. Respond shall come to the United States Courthouse by December 1, 2017, to retrieve her passport, as well as M.A.Y.'s passport. The Clerk is directed to furnish the passports to Respondent upon Respondent's presenting her Driver's License and a copy of this Order. The Clerk shall close the case. Signed by Judge Virginia M. Hernandez Covington on 11/8/2017. (KAK)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JOHAN SEBASTIAN ALZAT CALIXTO,
Case No. 8:17-cv-2100-T-33JSS
HADYLLE YUSUF LESMES,
This matter is before the Court on consideration of
United States Magistrate Judge Julie S. Sneed’s Report and
recommending that Petitioner Johan Sebastian Alzat Calixto’s
Verified Petition for Return of the Child to Colombia (Doc. #
6) be denied.
Petitioner filed a timely objection to the
Report and Recommendation (Doc. # 50) on October 30, 2017.
Respondent Hadylle Yusuf Lesmes filed a Response to the
Objection on November 7, 2017. (Doc. # 51).
As stated below,
Magistrate Judge and overrules the filed objection.
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright,
681 F.2d 732 (11th Cir. 1982).
In the absence of specific
objections, there is no requirement that a district judge
review factual findings de novo, Garvey v. Vaughn, 993 F.2d
776, 779 n.9 (11th Cir. 1993), and the court may accept,
reject or modify, in whole or in part, the findings and
28 U.S.C. § 636(b)(1)(C).
judge reviews legal conclusions de novo, even in the absence
of an objection.
See Cooper-Houston v. S. Ry. Co., 37 F.3d
603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F.
Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (11th
The record reflects that the Magistrate Judge conducted
a two-day evidentiary hearing and considered trial briefs,
Her Report and Recommendation thoroughly and
thoughtfully addresses the issues presented and leaves no
She ultimately concluded “Because the United
Petitioner cannot establish a prima facie case of Respondent’s
wrongful retention of M.A.Y.” (Doc. # 49 at 13).
conducting a careful and complete review of the findings,
conclusions and recommendations, and giving de novo review to
matters of law, the Court accepts the factual findings and
recommendation of the Magistrate Judge.
The Report and
Recommendation thoughtfully addresses the issues presented,
and Petitioner’s arguments raised in his objection do not
provide a basis for rejecting any aspect of the Report and
Respondent to surrender her passport as well as M.A.Y.’s
determined that it is appropriate to deny the Petition, the
Court directs the Clerk to return the passports to Respondent.
Respondent shall come to the United States Courthouse by
December 1, 2017, to obtain the passports.
bring her Driver’s License and a copy of this Order with her
and present these documents to the Clerk in order to receive
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
The Report and Recommendation (Doc. # 49) is ACCEPTED and
Petitioner’s Objection to the Report and Recommendation
(Doc. # 50) is OVERRULED.
Petitioner’s Verified Petition for Return of the Child to
Colombia (Doc. # 6) is DENIED.
Respond shall come to the United States Courthouse by
December 1, 2017, to retrieve her passport, as well as
The Clerk is directed to furnish the
passports to Respondent upon Respondent’s presenting her
Driver’s License and a copy of this Order.
The Clerk shall close the case.
DONE and ORDERED in Chambers in Tampa, Florida, this 8th
day of November, 2017.
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