Guevara v. Shutter-Man Storm And Security, Inc. et al, No. 2:2006cv00511 - Document 115 (M.D. Fla. 2009)
Court Description: OPINION AND ORDER granting 108 Motion for judgment; adopting and incorporating 114 Report and Recommendation. The Clerk shall enter judgment in favor of plaintiff as garnishor and against Regions Bank as garnishee in the amount of $2.689.08. Signed by Judge John E. Steele on 4/20/2009. (RKM)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SANTOS GUEVARA, Plaintiff, vs. Case No. SHUTTER-MAN STORM AND INC.; KIRK BARNICLE, 2:06-cv-511-FtM-29SPC SECURITY, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #114), filed April 1, 2009, recommending that plaintiff s Motion for Final Judgment in Garnishment on Confession of Garnishee (Doc. #108) be granted and final judgment be entered against the Garnishee Regions Bank in the amount of $2,689.08. 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. 28 U.S.C. § 636(b)(1)(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. #114) is hereby adopted and the findings incorporated herein. 2. Plaintiff s Motion for Final Judgment in Garnishment on Confession of Garnishee (Doc. #108) is GRANTED. 3. The Clerk shall enter judgment in favor of plaintiff as garnishor and against Regions Bank as garnishee in the amount of $2,689.08. DONE AND ORDERED at Fort Myers, Florida, this April, 2009. Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record -2- 20th day of
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
