Opinion

Mitchell v. The School Board of Palm Beach County, Florida

Court
District Court, S.D. Florida
Filed
Apr 12, 2021
Cited by
0 cases
Authority
More cited than 20.1%

“It does not appear that Congress intended to require district court review of a magistrate [judge]’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”

How later courts described this case

  • “It does not appear that Congress intended to require district court review of a magistrate [judge]’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 19-CIV-81534-RAR

LEONARD B. MITCHELL,

Plaintiff,

v.

THE SCHOOL BOARD OF PALM

BEACH COUNTY, FLORIDA,

Defendant.

______________________________________/

ORDER AFFIRMING AND ADOPTING REPORT AND RECOMENDATION

GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

THIS CAUSE comes before the Court upon United States Magistrate Judge Bruce E.

Reinhart’s Report and Recommendation (“Report”) [ECF No. 64], entered on March 25, 2021.

The Report recommends that the Court grant Defendant’s Motion for Summary Judgment [ECF

No. 43]. See Report at 2. The Report properly notified the parties of their right to object to

Magistrate Judge Reinhart’s findings and the consequences for failing to object. Id. at 45. The

time for objections has passed and neither party filed any objections to the Report.

When a magistrate judge’s “disposition” has properly been objected to, district courts must

review the disposition de novo. FED. R. CIV. P. 72(b)(3). However, when no party has timely

objected, “the court need only satisfy itself that there is no clear error on the face of the record in

order to accept the recommendation.” FED. R. CIV. P. 72 advisory committee’s notes (citation

omitted). Although Rule 72 itself is silent on the standard of review, the Supreme Court has

acknowledged Congress’s intent was to only require a de novo review where objections have been

properly filed, not when neither party objects. See Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It

does not appear that Congress intended to require district court review of a magistrate [judge]’s

factual or legal conclusions, under a de novo or any other standard, when neither party objects to

those findings.”).

Because no party has filed an objection to the Report, the Court did not conduct a de novo

review of Magistrate Judge Reinhart’s findings. Rather, the Court reviewed the Report for clear

error. Finding none, it is hereby

ORDERED AND ADJUDGED as follows:

1) The Report [ECF No. 64] is AFFIRMED AND ADOPTED.

2) Defendant’s Motion for Summary Judgment [ECF No. 43] is GRANTED. A

judgment shall be entered in accordance with the foregoing by separate order.

DONE AND ORDERED in Ft. Lauderdale, Florida, this 12th day of April, 2021.

UNITED STATES DISTRICT JUDGE

ce: Counsel of record

Magistrate Judge Bruce E. Reinhart

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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