Filed: Jan. 05, 2015
Latest Update: Jan. 05, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Magistrate Judge Douglas N. Frazier's Report and Recommendation ( Doc. #20 ), filed on December 17, 2014, recommending (1) Plaintiff Jerry Vathis' Motion to Dismiss Complaint ( Doc. #19 ), filed on November 25, 2014, be granted; and (2) this action be dismissed with prejudice. No objections have been filed to the Report and Recommendation. This matter is now ripe for review. After conducting a careful and
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Magistrate Judge Douglas N. Frazier's Report and Recommendation ( Doc. #20 ), filed on December 17, 2014, recommending (1) Plaintiff Jerry Vathis' Motion to Dismiss Complaint ( Doc. #19 ), filed on November 25, 2014, be granted; and (2) this action be dismissed with prejudice. No objections have been filed to the Report and Recommendation. This matter is now ripe for review. After conducting a careful and c..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Magistrate Judge Douglas N. Frazier's Report and Recommendation (Doc. #20), filed on December 17, 2014, recommending (1) Plaintiff Jerry Vathis' Motion to Dismiss Complaint (Doc. #19), filed on November 25, 2014, be granted; and (2) this action be dismissed with prejudice. No objections have been filed to the Report and Recommendation. This matter is now 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. 28 U.S.C. § 636 (b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). 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. So. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F.Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994) (Table).
After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the Magistrate Judge.
Accordingly, it is now
ORDERED:
1. The Magistrate Judge Douglas N. Frazier's Report and Recommendation (Doc. #20) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. Plaintiff Jerry Vathis' Motion to Dismiss Complaint (Doc. #19) is GRANTED. The Complaint (Doc. #1) is DISMISSED with prejudice.
3. The Clerk is directed to enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and CLOSE the file.
DONE and ORDERED.