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Digital 1 Media, Inc. v. Almen

United States District Court, M.D. Florida, Tampa Division
Aug 16, 2010
Case No. 8:09-cv-1097-T-33TBM (M.D. Fla. Aug. 16, 2010)

Opinion

Case No. 8:09-cv-1097-T-33TBM.

August 16, 2010


ORDER


This matter is before the Court on consideration of United States Magistrate Judge Thomas B. McCoun's Report and Recommendation (Doc. # 31), filed on July 27, 2010, recommending that Plaintiff's Motion for Attorney's Fees and Costs Under 28 U.S.C. § 1447(c) (Doc. # 19) be granted in part and denied in part.

As of this date, there are no objections to the report and recommendation, and the time for the parties to file such objections has elapsed.

Analysis

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. S. 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 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.

Accordingly, it is now

ORDERED, ADJUDGED, and DECREED: ACCEPTED ADOPTED. GRANTED

(1) The Report and Recommendation (Doc. # 31) is and (2) Plaintiff's Motion for Attorney's Fees and Costs Under 28 U.S.C. § 1447(c) (Doc. # 19) is to the extent that Plaintiff is awarded $3,126.00 in attorney's fees. The Motion is otherwise denied. DONE and ORDERED in Chambers in Tampa, Florida.


Summaries of

Digital 1 Media, Inc. v. Almen

United States District Court, M.D. Florida, Tampa Division
Aug 16, 2010
Case No. 8:09-cv-1097-T-33TBM (M.D. Fla. Aug. 16, 2010)
Case details for

Digital 1 Media, Inc. v. Almen

Case Details

Full title:DIGITAL 1 MEDIA, INC., Plaintiff, v. ANDREW VAN ALMEN, ET AL., Defendants

Court:United States District Court, M.D. Florida, Tampa Division

Date published: Aug 16, 2010

Citations

Case No. 8:09-cv-1097-T-33TBM (M.D. Fla. Aug. 16, 2010)

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