Opinion
Case No: 2:14-cv-679-FtM-29CM
07-14-2015
ERIC COOKS, Plaintiff, v. DENNY'S, Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #8), filed June 26, 2015, recommending that the case be dismissed without prejudice for failure to prosecute. No objections have been filed and the time to do so 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); 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) (Table).
After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the Magistrate Judge. On December 29, 2014, the Magistrate Judge dismissed Plaintiff's Complaint without prejudice to filing an amended complaint on or before January 29, 2015. (Doc. #4.) Despite receiving multiple notices and extensions, Plaintiff has failed to file an amended complaint and the time allotted by the Magistrate Judge has long since expired.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #8) is hereby adopted and the findings incorporated herein.
2. The Clerk shall enter judgment dismissing the case without prejudice, terminate all pending motions and deadlines, and close the file.
DONE and ORDERED at Fort Myers, Florida, this 14th day of July, 2015.
/s/_________
JOHN E. STEELE
SENIOR UNITED STATES DISTRICT JUDGE
Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties