Opinion
Case No. 3:19-cv-605-J-34MCR
07-17-2019
MARSHA PAYTON, a/k/a Leona, Plaintiff, v. JOHN KELLY, Secretary DHS, CBP Component, Defendant.
Copies to: Counsel of Record Pro Se Party
ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 5; Report), entered by the Honorable Monte C. Richardson, United States Magistrate Judge, on June 28, 2019. In the Report, Judge Richardson recommends dismissing this case without prejudice. See Report at 2. On July 8, 2019, Plaintiff filed a response to the Report in which it appears that she is declining to pursue this case. See Dkt. No. 6; Response.
The Court "may accept, reject, or modify, in whole or in part, the finding or recommendations by the magistrate judge." 28 U.S.C. § 636(b). If no specific objections to findings of facts are filed, the district court is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at *1 (M.D. Fla. May 14, 2007).
Upon independent review of the file and for the reasons stated in the Magistrate Judge's Report, the Court will accept and adopt the legal and factual conclusions recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1. The Magistrate Judge's Report and Recommendation (Dkt. No. 5) is ADOPTED as the opinion of the Court.
2. This case is DISMISSED without prejudice.
3. The Clerk of Court is directed to terminate all pending motions and deadlines as moot and close the file.
DONE AND ORDERED in Jacksonville, Florida, this 17th day of July, 2019.
/s/_________
MARCIA MORALES HOWARD
United States District Judge ja Copies to: Counsel of Record
Pro Se Party