Opinion
Case No. 8:04-CIV-402-T-17-MSS.
February 22, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on the report and recommendation (RR) issued by Magistrate Judge Mary S. Scriven on January 30, 2006 (Docket No. 48). The magistrate judge recommended that the Court dismiss the case without prejudice, due to plaintiff's failure to prosecute, and deny defendant's motion for further sanctions (Docket No. 47) as moot.
Pursuant to Rule 6.02, Rules of the United States District Court for the Middle District of Florida, the parties had ten (10) 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 objections to the report and recommendation have been 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, dated January 30, 2006 (Docket No. 48) be adopted and incorporated by reference; defendant's motion for further sanctions (Docket No. 47) be denied as moot; the cause of action be dismissed without prejudice, and the Clerk of Court is directed to close this case and terminate any pending motions.
DONE and ORDERED.