Juarez v. Okeechobee County Sheriff's Office ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 2:22-cv-14150-DPG ALEJANDRO JUAREZ, also known as Alejandrino Juarez, Plaintiff, v. OKEECHOBEE COUNTY SHERIFF’S OFFICE, and RAMIRO DOVAL, Deputy #6698, Defendants. _______________________________/ ORDER THIS CAUSE comes before the Court on Magistrate Judge Shaniek M. Maynard’s Report and Recommendation (the “Report”). [ECF No. 19]. On August 26, 2022, the action was referred to Judge Maynard, pursuant to 28 U.S.C. § 636(b)(1)(B), for settlement. [ECF No. 14]. Upon sua sponte review of the record, Judge Maynard issued her report recommending that the instant case be dismissed without prejudice for failure to prosecute and comply with Court Orders. [ECF No. 19]. No objections were filed by either party. For the reasons that follow, the Court affirms and adopts the Report. A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Having reviewed the Report for clear error, the Court agrees with Judge Maynard’s well- reasoned analysis and conclusion that the instant case be dismissed without prejudice. Accordingly, itis ORDERED AND ADJUDGED as follows: (1) Magistrate Judge Maynard’s Report and Recommendation, [ECF No. 19], is AFFIRMED AND ADOPTED and incorporated into this Order by reference. (2) The instant case is DISMISSED without prejudice for failure to prosecute and comply with Court Orders. (3) This case is CLOSED. Any pending motions are denied as moot. DONE AND ORDERED in Chambers at Miami, Florida, this 28th day of November, 2022. Df DARRIN P. GAYLES UNITED STATES DI CT JUDGE