Filed: Feb. 08, 2018
Latest Update: Feb. 08, 2018
Summary: ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT is the Report and Recommendation submitted by the Magistrate Judge recommending that Defendants' Motion to Dismiss (Dkt. 11) be denied. Neither party has filed objections and the time for doing so has expired. A district court may accept, reject or modify a magistrate judge's report and recommendation. 28 U.S.C. 636(b)(1). In the absence of specific objections, there is no requirement that factual findings be reviewed de no
Summary: ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT is the Report and Recommendation submitted by the Magistrate Judge recommending that Defendants' Motion to Dismiss (Dkt. 11) be denied. Neither party has filed objections and the time for doing so has expired. A district court may accept, reject or modify a magistrate judge's report and recommendation. 28 U.S.C. 636(b)(1). In the absence of specific objections, there is no requirement that factual findings be reviewed de nov..
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ORDER
JAMES D. WHITTEMORE, District Judge.
BEFORE THE COURT is the Report and Recommendation submitted by the Magistrate Judge recommending that Defendants' Motion to Dismiss (Dkt. 11) be denied. Neither party has filed objections and the time for doing so has expired.
A district court may accept, reject or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). In the absence of specific objections, there is no requirement that factual findings be reviewed de novo, and the court may accept, reject or modify, in whole or in part, the findings and recommendations. § 636(b)(1)(C); Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Legal conclusions are reviewed de novo, even in the absence of an objection. See LeCroy v. McNeil, 397 F. App'x. 554, 556 (11th Cir. 2010) (citing United States v. Warren, 687 F.2d 347, 348 (11th Cir. 1982)); Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After conducting a careful and complete review of the findings, conclusions, and recommendations, and giving de novo review to matters of law,
1) The Report and Recommendation (Dkt. 34) is APPROVED and ADOPTED for all purposes, including for appellate review.
2) Defendants' Motion to Dismiss (Dkt. 11) is DENIED.
3) Defendants shall respond to Plaintiff's Complaint within fourteen (14) days.
DONE AND ORDERED.
