CARAM v. SUNSTREAM, INC. (M.D.Fla. 2005)

WILLIAM CARAM, Plaintiff, v. SUNSTREAM, INC., a Florida corporation, JAMES COX, an individual, Defendants.

Case No. 2:04-cv-605-FtM-33DNF.United States District Court, M.D. Florida, Fort Myers Division.
October 11, 2005

ORDER
VIRGINIA COVINGTON, District Judge

This matter is before the Court on consideration of United States Magistrate Judge Douglas N. Frazier’s Report and Recommendation (Doc. #55), filed on September 28, 2005, recommending that this action be dismissed for want of prosecution. No party has filed an objection to the report and recommendation.

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 whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de

Page 2

novo, even in the absence of an objection. See Cooper-Houstonv. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); CastroBobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993),aff’d, 28 F.3d 116 (11th Cir. 1994) (Table).

After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the magistrate judge, and the recommendation of the magistrate judge regarding the motion.

Accordingly, it is now

ORDERED, ADJUDGED, and DECREED:

United States Magistrate Judge Douglas N. Frazier’s Report and Recommendation (Doc. #55) is ACCEPTED and ADOPTED. This action is dismissed for want of prosecution.

DONE AND ORDERED.

Page 1