Sullivan v. Prattville Health and Rehabilitation, LLC (MAG+)

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION

CHARLES STANTON ) SULLIVAN, JR., as personal ) representative for the estate of ) Ruth S. Sullivan, deceased, ) ) CASE NO. 3:22-CV-702-RAH Plaintiff, ) ) v. ) ) PRATTVILLE HEALTH AND ) REHABILITATION, LLC, et al., ) ) Defendants. ) ORDER On May 29, 2024, the Magistrate Judge recommended this case should be dismissed with prejudice due to the Plaintiff’s failure to comply with Federal Rule of Civil Procedure Rule 8(a). (Doc. 164.) On June 17, 2024, Plaintiff filed a motion to reconsider (Doc. 165), which the Court construed as including Objections to the Magistrate Judge’s Recommendation. (See Doc. 167, Order construing as Objections.) When a party objects to a Magistrate Judge's Report and Recommendation, a district court must review the disputed portions de novo. 28 U.S.C. § 636(b)(1). The Court “may accept, reject, or modify the recommended disposition; receive further evidence; or resubmit the matter to the magistrate judge with instructions.” Fed.R.Civ.P. 72(b)(3). De novo review requires that the district court independently consider factual issues based on the record. Jeffrey S. ex rel. Ernest S. v. State Bd. of Educ., 896 F.2d 507, 513 (11th Cir. 1990). See also United States v. Gopie, 347 F. App'x 495, 499 n.1 (11th Cir. 2009). However, objections to the Magistrate Judge's Report and Recommendation must be sufficiently specific to warrant de novo review. See Macort v. Prem, Inc., 208 F. App'x 781, 783-85 (11th Cir. 2006). Otherwise, a Report and Recommendation is reviewed for clear error. Jd. This Court has independently reviewed the record, including the Plaintiff's pleadings, motions, and narratives, the Magistrate Judge’s well-reasoned Recommendation, and the Plaintiff's Objections. Accordingly, it is ORDERED that the Objections (Doc. 165) are OVERRULED, the Magistrate Judge’s Recommendation (Doc. 164) is ADOPTED, and this case is DISMISSED with prejudice. A final judgment will be filed separately. DONE, on this the 25th day of July 2024.

UNITED STATES DISTRICT JUDGE