Filed: May 28, 2019
Latest Update: May 28, 2019
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Magistrate Judge Douglas N. Frazier's Report and Recommendation ("R&R") (Doc. 10). This case concerns several motions related to subpoena's issued by the United States District Court for the District of Vermont. (Doc. 10 at 1). That court issued subpoenas to non-party Nicholas Hulme here in Florida. (Docs. 1-1; 3-1). Judge Frazier recommends granting Hulme's motion to transfer these matters to the District o
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Magistrate Judge Douglas N. Frazier's Report and Recommendation ("R&R") (Doc. 10). This case concerns several motions related to subpoena's issued by the United States District Court for the District of Vermont. (Doc. 10 at 1). That court issued subpoenas to non-party Nicholas Hulme here in Florida. (Docs. 1-1; 3-1). Judge Frazier recommends granting Hulme's motion to transfer these matters to the District of..
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OPINION AND ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is Magistrate Judge Douglas N. Frazier's Report and Recommendation ("R&R") (Doc. 10). This case concerns several motions related to subpoena's issued by the United States District Court for the District of Vermont. (Doc. 10 at 1). That court issued subpoenas to non-party Nicholas Hulme here in Florida. (Docs. 1-1; 3-1). Judge Frazier recommends granting Hulme's motion to transfer these matters to the District of Vermont. (Doc. 10 at 5). Neither party timely objected to the R&R, so the matter is 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. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982). 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. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After careful consideration and an independent review of the file, the Court accepts and adopts the R&R (Doc. 10) in full.
Accordingly, it is now
ORDERED:
1. The R&R (Doc. 10) is ACCEPTED and ADOPTED and incorporated into this Order.
a. Hulme's Motions to Quash, Motions for Protective Order, and Motions to Transfer (Docs. 1; 3) are GRANTED in part. As discussed in the R&R, these Motions are granted solely on the request to transfer.
2. The Clerk is DIRECTED to TRANSFER these motions to the United States District Court for the District of Vermont.
a. These matters are to be transferred to the pending case, Wang v. Jianming, Case No. 2:17-cv-00153-cr, for consideration of Hulme's Motions to Quash, Motions for Protective Order, and Motions to Transfer (Docs. 1; 3), along with the Motion to Stay (Doc. 2).
3. Upon transfer, the Clerk is DIRECTED to terminate all deadlines, transfer any pending motions, and close the Fort Myers file.
DONE and ORDERED.
