Opinion
2:23-cv-1107-SPC-KCD
03-12-2024
DIANNA ROSSER, Individually and on behalf of all others similarly situated, Plaintiff, v. GROWIN ESTATE LLC, Defendant.
OPINION AND ORDER
SHERI POLSTER CHAPPELL JUDGE
Before the Court is Plaintiff's Motion for Entry of Default Judgment (Doc. 21) and United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. 24). Judge Dudek recommends that Plaintiff's Motion be granted. (Doc. 24). No party objected, so the matter is ripe for review.
After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” the magistrate judge's Report and Recommendation. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the Report and Recommendation de novo. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties don't object, a district court need only correct plain error as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 Fed.Appx. 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F.3d 1322, 1329 (11th Cir. 1999).
After careful consideration and an independent review of the case, the Court finds no plain error. It accepts and adopts the Report and Recommendation in full.
Accordingly, it is now
ORDERED:
1. United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. 24) is ACCEPTED and ADOPTED, and the findings incorporated herein.
2. Plaintiff's claims to represent a class of similarly situated persons and obtain injunctive relief are DISMISSED as Plaintiff has abandoned and withdrawn those claims.
3. Plaintiff's Motion for Entry of Default Judgment (Doc. 21) is GRANTED.
4. The Clerk is DIRECTED to enter judgment in favor of Plaintiff in the amount of $1,000.
DONE and ORDERED.