Shaffer v. Bank of New York Mellon et al

Filing 28

ORDER: The Report and Recommendation (Doc. # 17 ) is ACCEPTED and ADOPTED. Plaintiff Linda Shaffer's Motion for Preliminary Injunction (Doc. # 2 ) is DENIED. Signed by Judge Virginia M. Hernandez Covington on 10/19/2018. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
LINDA SHAFFER,
Plaintiff,
v.

Case No. 8:18-cv-1382-T-33CPT

THE BANK OF NEW YORK MELLON
F/K/A THE BANK OF NEW YORK,
AS TRUSTEE FOR THE CERTIFICATE
HOLDERS OF CWALT, INC.,
ALTERNATIVE LOAN TRUST 2006OA16, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-OA16;
THE CERTIFICATE HOLDERS OF
CWALT, INC., ALTERNATIVE LOAN
PASS-THROUGH CERTIFICATES,
SERIES 2006-0A-16; and THE
CIRCUIT COURT OF THE TWELFTH
JUDICIAL CIRCUIT OF FLORIDA IN
AND FOR MANATEE COUNTY,
Defendants.
/
ORDER
This matter is before the Court on consideration of the
Report and Recommendation of Christopher P. Tuite, United
States Magistrate Judge (Doc. # 17), filed on October 4, 2018.
Judge Tuite recommends Plaintiff Linda Shaffer’s Motion for
Preliminary Injunction be denied. No objections have been
filed, and the time for the submission of objections has
expired.

1

Discussion
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
reject

or

modify

recommendation.

28

the

magistrate

U.S.C.

§

judge’s

636(b)(1);

report

and

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)
(Table).
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 legal conclusions of the Magistrate Judge and
the recommendation of the Magistrate Judge.
Accordingly, it is
2

ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation (Doc. # 17) is ACCEPTED
and ADOPTED.

(2)

Plaintiff

Linda

Shaffer’s

Motion

for

Preliminary

Injunction (Doc. # 2) is DENIED.
DONE and ORDERED in Chambers, in Tampa, Florida, this
19th day of October, 2018.

3