Filed: Mar. 03, 2012
Latest Update: Mar. 03, 2012
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause comes before the Court pursuant to the February 14, 2012, report and recommendation of Elizabeth A. Jenkins, United States Magistrate Judge (Doc. # 8), in which Judge Jenkins recommends that Donna Smith's Motion for Attorney's Fees for Objecting to Non-party Subpoena (Doc. # 3) be denied. No objections have been filed, and the time for filing objections has expired. A district judge may accept, reject or modify the magistrate
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause comes before the Court pursuant to the February 14, 2012, report and recommendation of Elizabeth A. Jenkins, United States Magistrate Judge (Doc. # 8), in which Judge Jenkins recommends that Donna Smith's Motion for Attorney's Fees for Objecting to Non-party Subpoena (Doc. # 3) be denied. No objections have been filed, and the time for filing objections has expired. A district judge may accept, reject or modify the magistrate j..
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ORDER
VIRGINIA M. HERNANDEZ COVINGTON, District Judge.
This cause comes before the Court pursuant to the February 14, 2012, report and recommendation of Elizabeth A. Jenkins, United States Magistrate Judge (Doc. # 8), in which Judge Jenkins recommends that Donna Smith's Motion for Attorney's Fees for Objecting to Non-party Subpoena (Doc. # 3) be denied. No objections have been filed, and the time for filing objections has expired.
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, 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. S. 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).
After careful consideration and independent analysis, the Court determines that it is appropriate to adopt Judge Jenkins' report and recommendation.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
(1) The report and recommendation of Elizabeth A. Jenkins, United States Magistrate Judge (Doc. # 8) is ACCEPTED and ADOPTED.
(2) Donna Smith's Motion for Attorney's Fees for Objecting to Non-party Subpoena (Doc. # 3) is DENIED.
DONE and ORDERED.
