Bautista v. Walmart Stores East, L.P., No. 2:2022cv00362 - Document 41 (M.D. Fla. 2022)

Court Description: OPINION AND ORDER adopting 40 Report and Recommendations. An Amended Complaint shall be filed within 7 days without John Doe. The Clerk shall terminate this defendant on the docket. Signed by Judge John E. Steele on 11/22/2022. (RKR)

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Bautista v. Walmart Stores East, L.P. Doc. 41 Case 2:22-cv-00362-JES-NPM Document 41 Filed 11/22/22 Page 1 of 2 PageID 427 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION PEDRO SALAS BAUTISTA, as guardian and representative of Johandrys Jesus Salas Barboza, Plaintiff, v. Case No: 2:22-cv-362-JES-NPM WALMART STORES EAST, L.P., a Foreign Limited Partnership and JOHN DOE, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #40), filed November 3, 2022, recommending that plaintiff be required to amend the Complaint (Doc. #3) to omit John Doe as a party. 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 Dockets.Justia.com Case 2:22-cv-00362-JES-NPM Document 41 Filed 11/22/22 Page 2 of 2 PageID 428 whole or in part, the findings and recommendations. 636(b)(1). 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. #40) is hereby adopted, and the findings incorporated herein. 2. An Amended Complaint shall be filed within SEVEN (7) DAYS without John Doe. The Clerk shall terminate this defendant on the docket. DONE and ORDERED at Fort Myers, Florida, this of November 2022. Copies: Hon. Nicholas P. Mizell United States Magistrate Judge Counsel of Record - 2 - 22nd day

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