Opinion
20-20172-CIV-GAYLES/TORRES
10-25-2021
UNITED STATES OF AMERICA, Plaintiff, v. LENNOY WEBSTER, Defendant.
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE.
THIS CAUSE comes before the Court on Defendant Lennoy Webster's Motion to Dismiss Based on Statute of Limitations. [ECF No. 29]. The matter was referred to Magistrate Judge Edwin G. Torres for a Report and Recommendation. [ECF No. 30]. On September 27, 2021, Judge Torres issued his Report recommending that the Court deny the Motion to Dismiss. [ECF No. 35]. On October 4, 2021, Defendant filed objections to the Report. [ECF No. 36].
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 objection is 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 objection is 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).
The Court has conducted a de novo review of the record and agrees with Judge Torres's well-reasoned analysis and conclusion that the Motion should be denied. Accordingly, it is ORDERED AND ADJUDGED as follows:
(1) Judge Torres's Report [ECF No. 35] is AFFIRMED AND ADOPTED and incorporated into this Order by reference; and
(2) Defendant Lennoy Webster's Motion to Dismiss Based on Statute of Limitations [ECF No. 29] is DENIED.
DONE AND ORDERED.