Opinion
CASE NO. 8:10-CIV-316-T-17-TBM.
October 27, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on the report and recommendation (R R) issued by Magistrate Judge Thomas B. McCoun III on October 8, 2010 (Docket No. 76). The magistrate judge recommended that the Court grant the motion to dismiss Justine Lowe (Docket No. 74) and deny the Motion to Dismiss or transfer (Docket No. 20).
Pursuant to Rule 6.02, Rules of the United States District Court for the Middle District of Florida, the parties had fourteen (14) days after service to file written objections to the proposed findings and recommendations, or be barred from attacking the factual findings on appeal. Nettles v. Wainwright , 677 F.2d 404 (5th Cir. 1982) (en banc). No timely objections to the report and recommendation were filed.
STANDARD OF REVIEW
When a party makes a timely and specific objection to a finding of fact in the report and recommendation, the district court should make a de novo review of the record with respect to that factual issue. 28 U.S.C.' 636(b)(1); U.S. v. Raddatz , 447 U.S. 667 (1980); Jeffrey S. v. State Board of Education of State of Georgia , 896 f.2d 507 (11th Cir. 1990). However, when no timely and specific objections are filed, case law indicates that the court should review the findings using a clearly erroneous standard. Gropp v. United Airlines, Inc. , 817 F.Supp. 1558, 1562 (M.D. Fla. 1993).
The Court has reviewed the report and recommendation and made an independent review of the record. Upon due consideration, the Court concurs with the report and recommendation. Accordingly, it is
ORDERED that the report and recommendation, October 8, 2010 (Docket No. 76) be adopted and incorporated by reference; the motion to dismiss Justine Lowe (Docket No. 74) is granted; Justine Lowe is terminated from this action; the motion to dismiss or transfer is denied; the remaining defendants have ten days to file answers to the complaint; and the parties shall file an agreed to Case Management Report by December 10, 2010.
DONE and ORDERED in Chambers, in Tampa, Florida, this 27th day of October, 2010.