Beltrano v. Trinity Financial Services, LLC et al, No. 2:2018cv00425 - Document 8 (M.D. Fla. 2018)

Court Description: OPINION AND ORDER adopting 7 Report and Recommendations; dismissing 1 Complaint without prejudice for failure to prosecute. The Clerk shall enter judgment accordingly, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 10/17/2018. (RKR)

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Beltrano v. Trinity Financial Services, LLC et al Doc. 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ALBERT M. BELTRANO, Plaintiff, v. Case No: 2:18-cv-425-FtM-99MRM TRINITY FINANCIAL SERVICES, LLC, DAMIAN G. WALDMAN, ALDRIDGE/PITE, LLP, CHRISTOPHER T. PECK, NUSRAT MANSOOR, JOHN G. ALDRIDGE, JR. , STEVEN W. PITE, and US MORTGAGE RESOLUTION LLC., Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #7), filed September 17, 2018, recommending that that Complaint (Doc. #1) 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 Dockets.Justia.com (11th Cir. 1993), and the court may accept, reject or modify, in 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 that the case should be dismissed. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #7) is hereby adopted and the findings incorporated herein. 2. Plaintiff's Complaint (Doc. #1) is DISMISSED without prejudice for failure to prosecute. 3. The Clerk shall enter judgment accordingly, terminate all pending motions and deadlines, and close the file. DONE and ORDERED at Fort Myers, Florida, this of October, 2018. - 2 - 17th day Copies: Hon. Mac R. McCoy United States Magistrate Judge Counsel of Record Unrepresented parties - 3 -

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