LUKE
v.
CENTURYLINK OF FLORIDA, INC.
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The district court reviewed a magistrate judge's Report and Recommendation dismissing plaintiff Michael Garrett's claims without prejudice for failure to diligently prosecute the case, refusal to answer interrogatories, and violation of court orders. Finding no plain error, the court adopted the recommendation and dismissed Garrett's claims.
The district court adopted the magistrate judge's Report and Recommendation in full, finding no plain error. Plaintiff Michael Garrett's claims were dismissed without prejudice due to his failure to diligently prosecute the case and failure to comply with court orders.
[1] A district court may accept, reject, or modify a magistrate judge's report and recommendation in whole or in part.
[2] In the absence of specific objections to a magistrate judge's report and recommendation, a district court is not required to review the report de novo.
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Join FLexlaw to unlock all legal intelligence“a district judge "may accept, reject, or modify, in whole or in part," a magistrate judge's R&R. 28 U.S.C. § 636(b)(1)(C)”
Establishes the standard of review for magistrate judge recommendations in the district court
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Join FLexlaw to unlock all legal intelligencePlaintiff Michael Garrett filed claims against CenturyLink of Florida, Inc. Garrett failed to diligently prosecute the case, refused to answer the Cou…
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Before the Court is Judge Kyle C. Dudek's Report and Recommendation ("R&R"). (Doc. 46). Judge Dudek recommends that the Court dismiss Plaintiff Michael Garrett's claims without prejudice because he has not diligently prosecuted this case, has refused to answer the Court's interrogatories, and has ignored its orders. Garrett has not objected to the R&R, and the time to do so has expired. The R&R is ripe for review.
After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part," a magistrate judge's R&R. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the R&R de novo. See Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties don't object, a district court need only correct plain error
as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 F. App'x 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain"; (3) “it affected substantial rights”; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F. 3d 1322, 1329 (11th Cir. 1999).
After careful consideration and an independent review of the case, the Court finds no plain error. So, it accepts and adopts the R&R in full. Accordingly, it is now
ORDERED:
1. Judge Dudek's Report and Recommendation (Doc. 46) is ACCEPTED and ADOPTED, and the findings incorporated herein.
2. Plaintiff Michael Garrett's claims are DISMISSED without
prejudice, and he is REMOVED as a plaintiff in this action.
3. The Clerk is DIRECTED to terminate Michael Garrett as a plaintiff on the docket.
DONE and ORDERED in Fort Myers, Florida on July 17, 2025.
Sheri Polster Rappell
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
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Citator
Authorities Cited
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Farley v. Nationwide Mut. Ins. Co., 197 F.3d 1322 (11th Cir. 1999)