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Avila-Gonzalez v. Barajas

United States District Court, M.D. Florida, Fort Myers Division
Apr 24, 2006
Case No. 2:04-cv-567-FtM-33DNF (M.D. Fla. Apr. 24, 2006)

Opinion

Case No. 2:04-cv-567-FtM-33DNF.

April 24, 2006


ORDER


This matter is before the Court on consideration of United States Magistrate Judge Douglas N. Frazier's Report and Recommendation (Doc. # 51), entered on April 4, 2006, recommending that Plaintiffs' Application for Award of Attorney's Fees Pursuant to Fla. Stat. § 448.08 (Doc. # 47) be granted.

As of this date, neither party has filed an objection to the report and recommendation, and the time for the parties to file such objections has elapsed.

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), cert. denied, 459 U.S. 1112 (1983). 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. Southern 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).

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 regarding the motion.

Accordingly, it is now

ORDERED, ADJUDGED, and DECREED:

1. United States Magistrate Judge Douglas N. Frazier's Report and Recommendation (Doc. # 51) is ACCEPTED and ADOPTED.

2. Plaintiffs' Application for Award of Attorney's Fees Pursuant to Fla. Stat. § 448.08 (Doc. # 47) is GRANTED in the amount of $17,364.00.

DONE and ORDERED.


Summaries of

Avila-Gonzalez v. Barajas

United States District Court, M.D. Florida, Fort Myers Division
Apr 24, 2006
Case No. 2:04-cv-567-FtM-33DNF (M.D. Fla. Apr. 24, 2006)
Case details for

Avila-Gonzalez v. Barajas

Case Details

Full title:LUIS AVILA-GONZALEZ and ISAIAS RAMIREZ-RESENDIZ, individually and on…

Court:United States District Court, M.D. Florida, Fort Myers Division

Date published: Apr 24, 2006

Citations

Case No. 2:04-cv-567-FtM-33DNF (M.D. Fla. Apr. 24, 2006)