STEVE SEWELL, INC. V.
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The court accepted and adopted the Magistrate Judge's Report and Recommendation, granting the petitioner's motion for default judgment.
The Magistrate Judge recommended entering default judgment against non-filing claimants. No objections were filed by any party. The court reviewed the…
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Defendant. /
ORDER1
Before the Court is United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (“R&R”). (Doc. 53). Judge Mizell recommends entering default judgment against all non-filing claimants. Nobody timely objected. And 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, in whole or in part,” the 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).
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”; (8) “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. The Report and Recommendation (Doc. 53) is ACCEPTED and ADOPTED and the findings incorporated herein. 2. Petitioner Steve Sewell, Inc.’s Unopposed Motion for Entry of Default Final Judgment for Exoneration from Liability Against All Non- Filing Claimants (Doc. 51) is GRANTED. 3. The Clerk is DIRECTED to enter a default judgment of exoneration in favor of Steve Sewell, Inc. against all non-filing claimants. DONE and ORDERED in Fort Myers, Florida on July 12, 2022.
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)