Opinion
2:23-CV-10005-TGB-CI
01-18-2024
EARL DIAMOND, Plaintiffs, v. RIVERBEND APTS and CHARGER PROPERTIES, Defendants.
HON. CURTIS IVY, JR.
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF NO. 119)
HON. TERRENCE G. BERG UNITED STATES DISTRICT JUDGE
This matter is before the Court on Magistrate Judge Curtis Ivy, Jr.'s December 6th, 2023 Report and Recommendation (ECF No. 119), recommending that the case be dismissed without prejudice under Fed.R.Civ.P. 4(m).
The Court has reviewed Judge Ivy's Report and Recommendation and finds that it is well-reasoned and supported by the applicable law. The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of the report and recommendation. 28 U.S.C. § 636(b)(1). The district court will make a “de novo determination of those portions of the report ... to which objection is made.” Id.
Where, as here, neither party has lodged objections to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will, therefore, accept Judge Ivy's Report and Recommendation of December 6th, 2023 as this Court's findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Judge Ivy's Report and Recommendation of December 6th, 2023 (ECF No. 119) is ACCEPTED and ADOPTED.
It is FURTHER ORDERED that the case is DISMISSED WITHOUT PREJUDICE.
This is a final order that closes this case.
SO ORDERED.