Ifill v. International Association of Machinists, et al, No. 2:2018cv00713 - Document 91 (M.D. Fla. 2019)

Court Description: OPINION AND ORDER adopting 90 Report and Recommendations; directing the Clerk to enter judgment dismissing the case without prejudice for failure to prosecute. The Clerk shall terminate all pending motions and deadlines, and close the file. Signed by Judge John E. Steele on 11/20/2019. (RKR)

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Ifill v. International Association of Machinists, et al Doc. 91 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JASON IFILL, Plaintiff, v. Case No: 2:18-cv-713-FtM-29NPM INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, Local Lodge 57 and MARK OSBORN, individually, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #90), filed November 5, 2019, recommending that the case be dismissed for failure to prosecute after plaintiff failed to appear at a hearing and failed to show cause. (Docs. #77, 81.) 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 Dockets.Justia.com 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. #90) is hereby adopted and the findings incorporated herein. 2. The Clerk shall enter judgment dismissing the case without prejudice for failure to prosecute, terminate all pending motions and deadlines, and close the file. DONE and ORDERED at Fort Myers, Florida, this November, 2019. Copies: Hon. Nicholas P. Mizell United States Magistrate Judge Counsel of Record Unrepresented parties - 2 - 20th day of

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