Calixto v. Lesmes

Filing 52

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
TAMPA DIVISION
JOHAN SEBASTIAN ALZAT CALIXTO,
Petitioner,
v.

Case No. 8:17-cv-2100-T-33JSS

HADYLLE YUSUF LESMES,
Respondent.
_____________________________/
ORDER
This matter is before the Court on consideration of
United States Magistrate Judge Julie S. Sneed’s Report and
Recommendation

(Doc.

#

49),

filed

on

October

19,

2017,

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).
the

Court

adopts

the

Report

and

As stated below,

Recommendation

of

the

Magistrate Judge and overrules the filed objection.
Discussion
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
reject

or

modify

the

magistrate

judge’s

report

and

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
recommendations.

28 U.S.C. § 636(b)(1)(C).

The district

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
Cir. 1994).
The record reflects that the Magistrate Judge conducted
a two-day evidentiary hearing and considered trial briefs,
among

other

documents,

Recommendation.

before

issuing

her

Report

and

Her Report and Recommendation thoroughly and

thoughtfully addresses the issues presented and leaves no
stone unturned.
States,

not

She ultimately concluded “Because the United

Colombia,

is

M.A.Y.’s

habitual

residence,

Petitioner cannot establish a prima facie case of Respondent’s
wrongful retention of M.A.Y.” (Doc. # 49 at 13).

After

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
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legal

conclusions

of

the

Magistrate

Judge

recommendation of the Magistrate Judge.

and

the

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
Recommendation.
Prior

to

resolving

this

case,

the

Court

ordered

Respondent to surrender her passport as well as M.A.Y.’s
passport

to

the

Clerk’s

office.

(Doc.

#

35).

Having

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.

Respondent should

bring her Driver’s License and a copy of this Order with her
and present these documents to the Clerk in order to receive
the passports.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation (Doc. # 49) is ACCEPTED and
ADOPTED.

(2)

Petitioner’s Objection to the Report and Recommendation
(Doc. # 50) is OVERRULED.

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(3)

Petitioner’s Verified Petition for Return of the Child to
Colombia (Doc. # 6) is DENIED.

(4)

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.
(5)

The Clerk shall close the case.
DONE and ORDERED in Chambers in Tampa, Florida, this 8th

day of November, 2017.

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