Opinion
2:23-CV-10705-TGB-CI
01-05-2024
MELVIN MILLER, Plaintiff, v. MARTINA, ET AL., Defendants.[1]
HON. CURTIS IVY, JR., JDUGE
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF NO. 27)
TERRENCE G. BERG, United States District Judge
This matter is before the Court on Magistrate Judge Curtis Ivy, Jr.'s December 13, 2023 Report and Recommendation (ECF No. 27) recommending that Plaintiff's complaint be dismissed with prejudice under Federal Rule of Civil Procedure 41(b), and terminating the Defendants' Motion for Summary Judgment (ECF No. 17) 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 December 13, 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 13, 2023 (ECF No. 27) is ACCEPTED and ADOPTED.
It is FURTHER ORDERED:
1. Defendants' Motion for Summary Judgment (ECF No. 17) is DENIED AS MOOT.
2. This case is DISMISSED WITH PREJUDICE.
This is a final order that closes this case.
SO ORDERED.