Johnson v. R.J. Reynolds Tobacco Co. et al, No. 2:2012cv00618 - Document 47 (M.D. Fla. 2013)
Court Description: OPINION AND ORDER denying 37 motion to amend; adopting and incorporating 41 Report and Recommendations. Signed by Judge John E. Steele on 7/26/2013. (RKR)
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Johnson v. R.J. Reynolds Tobacco Co. et al Doc. 47 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION L. JERRY JOHNSON, as personal representative of the Estate of Carol A Hawes, vs. Case No. 2:12-cv-618-FtM-29UAM R.J. REYNOLDS TOBACCO CO., a foreign corporation, as successor by merger to and Williamson Tobacco Company, AMERICAN TOBACCO COMPANY, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #41), filed July 3, 2013, recommending that plaintiff s Motion to Amend (Doc. #37) be denied. 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. § Dockets.Justia.com 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 that the motion was untimely and not otherwise justified. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #41) is hereby adopted and the findings incorporated herein. 2. Plaintiff s Motion to Amend (Doc. #37) is denied. DONE AND ORDERED at Fort Myers, Florida, this July, 2013. Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record -2- 26th day of
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