In Re: Gore Marine Corporation, No. 2:2008cv00644 - Document 47 (M.D. Fla. 2009)

Court Description: OPINION AND ORDER denying 43 Motion for contempt and to enjoin proceedings; adopting and incorporating 46 Report and Recommendations, except for the typographical error. See Opinion and Order for details. Signed by Judge John E. Steele on 7/30/2009. (RKM)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION In the Matter of the COMPLAINT OF GORE MARINE CORPORATION, as owner of the Tug Captain Jerome for exoneration from or limitation of liability, Petitioner. Case No. 2:08-cv-644-FtM-29DNF ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #46), filed July 15, 2009, recommending that the petitioner s Motion and Memorandum for Contempt and to Enjoin Proceedings (Doc. #43) be denied and Ms. Skaggs not be enjoined from pursuing her state claims. 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. 636(b)(1); 28 U.S.C. § 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. 636(b)(1)(C). 28 U.S.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); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff d, 28 F.3d 116 (11th Cir. 1994) (Table). 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 and finds that Donna Skaggs is not enjoined from pursuing state action against the other defendants. With the exception of the typographical error referencing the August 28, 2008 Order (Doc. #11) as 2009, the Court adopts the Report and Recommendation. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #46) is hereby adopted and the findings incorporated herein, with the exception of the typographical error. 2. The petitioner s Motion and Memorandum for Contempt and to Enjoin Proceedings (Doc. #43) is DENIED. DONE AND ORDERED at Fort Myers, Florida, this July, 2009. Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties -2- 30th day of

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