The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
L. YVONNE BROWN,
Plaintiff,
v. Case No: 2:19-cv-739-FtM-29MRM
FORT MYERS REEF
ACQUISITIONS, LLC, COASTAL
RIDGE MANAGEMENT, LLC, STACY
HESS, individually and in
official capacity, and
CARMINE MARCENO,
individually and in official
capacity,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #17), filed
April 17, 2020, recommending that the case be dismissed for failure
to prosecute. No objections or response was filed, and the time
to respond has expired.
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); United States v. Powell, 628 F.3d 1254, 1256 (11th Cir.
2010). 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). See also United States v. Farias-Gonzalez, 556 F.3d
1181, 1184 n.1 (11th Cir. 2009). This requires that the district
judge “give fresh consideration to those issues to which specific
objection has been made by a party.” Jeffrey S. v. State Bd. of
Educ. of Ga., 896 F.2d 507, 512 (lith Cir. 1990) (quoting H.R.
1609, 94th Cong., § 2 (1976)). The district judge reviews legal
conclusions de novo, even in the absence of an objection. See
Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (lith Cir.
1994).
After a careful and complete review of the findings and
recommendations, as well as the record in this case, the Court
accepts the Report and Recommendation of the magistrate judge.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #17) is hereby accepted
and adopted.
2. The case is dismissed without prejudice for failure to
prosecute. The Clerk shall enter judgment accordingly, terminate
all pending matters, and close the case.
DONE and ORDERED at Fort Myers, Florida, this 6th day of
May, 2020.
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ade E. STEELE
SHNIOR UNITED STATES DISTRICT JUDGE
Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
All Parties of Record