From Casetext: Smarter Legal Research

Environmental Biotech, Inc. v. Sibbitt Enterprises

United States District Court, M.D. Florida, Fort Myers Division
Nov 2, 2006
Case No. 2:03-cv-124-FtM-33SPC (M.D. Fla. Nov. 2, 2006)

Opinion

Case No. 2:03-cv-124-FtM-33SPC.

November 2, 2006


ORDER


This matter comes before the Court on United States Magistrate Judge Sheri Polster Chappell's Report and Recommendation (Doc. #124), entered on October 11, 2006, recommending that the Motion for Attorney's Charging Lien Against the Defendant (Doc. #120) be denied as premature. 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, 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).

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.

Accordingly, it is now

ORDERED, ADJUDGED, and DECREED:

1. The Report and Recommendation (Doc. #124) is hereby ACCEPTED and ADOPTED.

2. The Motion for Attorney's Lien Against the Defendant (Doc. #120) is DENIED as premature.

DONE and ORDERED.


Summaries of

Environmental Biotech, Inc. v. Sibbitt Enterprises

United States District Court, M.D. Florida, Fort Myers Division
Nov 2, 2006
Case No. 2:03-cv-124-FtM-33SPC (M.D. Fla. Nov. 2, 2006)
Case details for

Environmental Biotech, Inc. v. Sibbitt Enterprises

Case Details

Full title:ENVIRONMENTAL BIOTECH, INC., a Florida corporation, Plaintiff, v. SIBBITT…

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

Date published: Nov 2, 2006

Citations

Case No. 2:03-cv-124-FtM-33SPC (M.D. Fla. Nov. 2, 2006)