MARFUT
v.
CHARLOTTE COUNTY, FLORIDA
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The court adopted the magistrate judge's recommendation to dismiss the case without prejudice for failure to prosecute.
The plaintiff initiated the case in March 2019 and engaged in limited activity, primarily attempting service of process. Despite multiple opportunitie…
The full statement of facts, procedural history, and disposition for this case are member content.
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This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #45), filed April 7, 2021, recommending that the case be dismissed without prejudice for failure to prosecute. No objections have been filed and the time to do so has expired. 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. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F. 2d 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). 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); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F. 3d 116 (11th Cir. 1994) (Table). This case was initiated on March 20, 2019. (Doc. #1.) Since the initial filing, the only activity in the case has been plaintiff’s amendment of pleadings, plaintiff’s repeated attempts at service, and plaintiff’s repeated requests for a default after attempting service (docs. ## 10, 21, 27, 40). The Magistrate Judge provided plaintiff numerous opportunities and guidance to properly effectuate service of process. On December 23, 2020, plaintiff was provided yet another extension of time, and also
warned that the “failure to effectuate proper service of process may result in the dismissal of this case without further notice.” (Doc. #43.) After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #45) is hereby adopted and the findings incorporated herein.
2. The Clerk shall enter judgment dismissing the case
without prejudice for failure to prosecute, terminate all pending motions and deadlines, and close the file. DONE and ORDERED at Fort Myers, Florida, this 3rd day of May, 2021.
& AKL:
JGHE E. STEELE
Sq IOR UNITED STATES DISTRICT JUDGE Copies: Hon. Mac R. McCoy United States Magistrate Judge Counsel of Record Unrepresented parties
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Citator
Authorities Cited
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Castro Bobadilla v. Reno, 1993 WL 259424 (S.D. Fla. 1993)
- Williams v. Wainwright, 459 U.S. 1112 (U.S. 1983)