Opinion
2:22-CV-12366-TGB-CI
04-09-2024
ROBERT LEE DRAIN a/k/a DARIOUS DANYEL WHITE, Plaintiff, v. BRIAN DUNN, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF NO. 29)
HON. TERRENCE G. BERG, UNITED STATES DISTRICT JUDGE
This matter is before the Court on Magistrate Judge Curtis Ivy, Jr.'s March 13, 2024 Report and Recommendation (ECF 29) Recommending that Plaintiff's complaint be dismissed with prejudice under Fed.R.Civ.P. 41(b) and Defendant's Motion for Summary Judgment (ECF No. 25) be terminated as moot.
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 March 13, 2024 as this Court's findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Judge Ivy's Report and Recommendation of March 13, 2024 (ECF 29) is ACCEPTED and ADOPTED.
It is FURTHER ORDERED that Defendant's Motion for Summary Judgment (ECF No. 25) is terminated as MOOT and the case is DISMISSED WITH PREJUDICE.
This is a final order that closes this case.
SO ORDERED.