Mattison v. The Geo Group, Inc., No. 2:2009cv00215 - Document 19 (M.D. Fla. 2009)
Court Description: OPINION AND ORDER granting 17 Motion for sanctions, granting 15 Motion for sanctions, adopting and incorporating 18 Report and recommendation. The case is dismissed without prejudice for failure to prosecute. The Clerk shall enter judgment accordingly and close the case. Signed by Judge John E. Steele on 11/10/2009. (RKM)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DORIS H. MATTISON, Plaintiff, vs. Case No. THE GEO GROUP, corporation, INC., a 2:09-cv-215-FtM-99DNF Florida Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #18), filed October 13, 2009, recommending that defendant s Motion for Sanctions (Doc. #15) and Renewed Motion for Sanctions (Doc. #17) be granted and the case be dismissed 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. 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. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #18) is hereby adopted and the findings incorporated herein. 2. Defendant s Motion for Sanctions (Doc. #15) and Renewed Motion for Sanctions (Doc. #17) are GRANTED. 3. The case is dismissed without prejudice for failure to prosecute. The Clerk shall enter judgment accordingly, terminate all pending motions and deadlines as moot, and close the case. DONE AND ORDERED at Fort Myers, Florida, this November, 2009. Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties -2- 10th day of
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