Opinion
1:14-cr-20160-GAYLES/TORRES
10-29-2021
UNITED STATES OF AMERICA v. STRAVOULA PHILIPPOU MENDEZ, Defendant, KRISIA DEL PRADO, ALBERTO DIAZ, MARIA DEL JUNCO, and ROGER DEL PRADO, Third-Party Petitioners.
ORDER
DARRIN P. GAYLES, UNITED STATES DISTRICT JUDGE.
THIS CAUSE comes before the Court on Magistrate Judge Edwin G. Torres's Report and Recommendation on the Government's Motion to Dismiss the Joint Petition filed by Krisia del Prado, Alberto Diaz, Maria del Junco, and Roger del Prado (the “Report”) [ECF No. 432]. On July 14, 2021, Third-Party Petitioners, Krisia del Prado, Alberto Diaz, Maria del Junco, and Roger del Prado, filed their Verified Interested Notice of Claim and Verified Petition in Support of Interest in Property (the “Joint Petition”). [ECF No. 415]. The Government filed its Motion to Dismiss (the “Motion”) on August 19, 2021. [ECF No. 421]. On August 26, 2021, the Court referred the Joint Petition and Motion to Judge Torres, pursuant to 28 U.S.C. § 636 (b)(1)(B), for a report and recommendation. [ECF No. 426]. On September 27, 2021, Judge Torres issued his Report recommending that the Motion be granted because the Joint Petition failed to comply with statutory pleading requirements. No objections were timely filed.
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objections are made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed.R.Civ.P. 72(b)(3). Any portions of the report and recommendation to which no specific objections are made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F.Supp.2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 Fed.Appx. 781, 784 (11th Cir. 2006).
Having reviewed the Report for clear error, the Court agrees with Judge Torres's well-reasoned analysis and conclusion that the Motion be granted.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Magistrate Judge Edwin G. Torres's Report and Recommendation on the Government's Motion to Dismiss, [ECF No. 432], is AFFIRMED AND ADOPTED and incorporated into this Order by reference.
2. The Government's Motion to Dismiss Krisia del Prado, Alberto Diaz, Maria del Junco, and Roger del Prado's Notice of Claim and Verified Petition in Support of Interest in Property, [ECF No. 421], is GRANTED, and the Joint Petition, [ECF No. 415], is DISMISSED.
DONE AND ORDERED.