Opinion
Case No: 2:18-cv-702-FtM-38MRM
02-20-2019
NICHOLAS STOLINAS, Plaintiff, v. WALTER PALMER, Defendant.
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Before the Court is U.S. Magistrate Judge Mac R. McCoy's Report and Recommendation (R&R) (Doc. 23), recommending that Defendant Walter Palmer's Motion to Strike (Partially Unopposed) (Doc. 15) be granted in part and denied in part. No party has objected to the R&R, and the time to do so has elapsed. This 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 the magistrate judge's report and recommendation. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). 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. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
Here, Judge McCoy considered the arguments made by the parties and determined that Palmer's request to strike Paragraph 8 of the Complaint, which relates to admiralty jurisdiction, should be denied because admiralty jurisdiction exists. Judge McCoy also recommends that Palmer's unopposed request to strike Plaintiff's prayer for relief in the form of attorney's fees be granted. After independently examining the file and on consideration of Judge McCoy's findings and recommendations, the Court accepts and adopts the R&R.
Accordingly, it is now ORDERED:
U.S. Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. 23) is ACCEPTED and ADOPTED.
(1) Defendant Walter Palmer's Motion to Strike (Partially Unopposed) (Doc. 15) is GRANTED as to Plaintiff's prayer for relief in the form of attorney's fees and DENIED as to Paragraph 8 of the Complaint.
(2) The language "attorney's fees as permitted" is STRICKEN from the prayer for relief on page 5 of the Complaint (Doc. 1).
DONE and ORDERED in Fort Myers, Florida this 20th day of February, 2019.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record