Opinion
Case No.: 2:14-cv-588-FtM-38DNF
01-05-2015
GLEN ADKINS, Plaintiff, v. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, an Illinois corporation, Defendant.
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This matter is before the Court on the Report and Recommendation of United States Magistrate Judge Douglas N. Frazier (Doc. #10) filed on December 15, 2014. Magistrate Judge Frazier recommends denying Plaintiff Glen Adkin's Motion for Leave to Amend Complaint and Add Additional Defendant and for Remand (Doc. #8). Neither Plaintiff nor Defendant have filed objections to the Report and Recommendation, 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. See 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. See 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).
Upon due consideration of the Report and Recommendation and an independent examination of the file, the Court accepts the findings and recommendations in the Report and Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation of United States Magistrate Judge Douglas N. Frazier (Doc. #10) is ADOPTED and the findings incorporated herein.
2. Plaintiff Glen Adkins' Motion for Leave to Amend Complaint and Add Additional Defendant and for Remand (Doc. #8) is DENIED.
DONE and ORDERED in Fort Myers, Florida this 5th day of January, 2015.
/s/_________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record