Ramirez v. Medlin

Filing 5

ORDER ADOPTING 3 Final Report and Recommendation. This action is DISMISSED WITHOUT PREJUDICE. Signed by Judge William S. Duffey, Jr on 5/18/2015. (adg)

Petitioner did not comply with the Magistrate Judge’s October 23, 2014,
Order. On December 11, 2014, the Magistrate Judge recommended that the Court
dismiss this action for Petitioner’s failure to comply with the October 23, 2014,
Order. (R&R at 1). Petitioner did not file any objections to the R&R.
II.

DISCUSSION
A.

Legal Standard

After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify a magistrate
judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams v.
Wainwright, 681 F.2d 732, 732 (11th Cir. 1982), cert denied, 459 U.S. 1112
(1983). A district judge “shall make a de novo determination of those portions of
the report or specified proposed findings or recommendations to which objection is
made.” 28 U.S.C. § 636(b)(1). With respect to those findings and
recommendations to which a party has not asserted objections, the district judge
must conduct a plain error review of the record. United States v. Slay, 714 F.2d
1093, 1095 (11th Cir. 1983).
B.

Analysis

As Petitioner has not objected to the Magistrate Judge’s R&R, the Court
reviews the Magistrate Judge’s findings and recommendations for plain error. See

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Slay 714 F.2d at 1095. The Magistrate Judge found that Petitioner failed to
comply with the October 23, 2014, Order, and properly recommended that the
Court dismiss this action. See LR 41.3(A)(2), NDGa. The Court finds no plain
error in Magistrate Judge’s findings and recommendation. See Slay, 714 F.2d at
1095.
III.

CONCLUSION
For the foregoing reasons,
IT IS HEREBY ORDERED that on Magistrate Judge Gerrilyn G. Brill’s

Final Report and Recommendation [3] is ADOPTED.
IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT
PREJUDICE.

SO ORDERED this 18th day of May, 2015.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE

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