Opinion
Case No: 8:14-cv-3038-T-27TGW
08-24-2015
Copies to: Pro se Plaintiff
ORDER
BEFORE THE COURT is the Report and Recommendation of the Magistrate Judge recommending that this case be dismissed for failure to timely effect service of process (Dkt. 8). Plaintiff did not file objections and the time in which to do so has passed. Upon consideration, the Report and Recommendation is adopted as the opinion of the Court.
On May 21, 2015, Plaintiff was ordered to show cause regarding his failure to effect service on the defendant and was warned that noncompliance may result in dismissal of his case. Plaintiff did not respond. --------
A district court may accept, reject or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). In the absence of specific objections, there is no requirement that factual findings be reviewed de novo, and the court may accept, reject or modify, in whole or in part, the findings and recommendations. § 636(b)(1)(C); Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Legal conclusions are reviewed de novo, even in the absence of an objection. See LeCroy v. McNeil, 397 Fed. Appx. 554, 556 (11th Cir. 2010) (citing United States v. Warren, 687 F.2d 347, 348 (11th Cir. 1982)); Cooper-Houston v. S Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
Accordingly,
1. The Report and Recommendation (Dkt. 8) is APPROVED and ADOPTED as the opinion of the Court for all purposes, including for appellate review.
2. This case is DISMISSED.
3. The Clerk is directed to CLOSE the file.
DONE AND ORDERED this 24th day of August, 2015.
/s/ _________
JAMES D. WHITTEMORE
United States District Judge
Copies to:
Pro se Plaintiff