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Joseph J. Zajac, Iii v. United States of America

December 20, 2011

JOSEPH J. ZAJAC, III,
v.
UNITED STATES OF AMERICA, DEFENDANT.



OPINION AND ORDER

This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #22), filed December 1, 2011, recommending that petitioner's Motion to Grant Leave (Doc. #19) to add additional summonses be granted as to the Bank of America but denied as to FIA Card Services. 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. 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 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. #22) is hereby adopted and the findings incorporated herein.

2. Petitioner's Motion to Grant Leave (Doc. #19) is GRANTED IN PART AND DENIED IN PART. The motion is denied as to FIA Card Services and granted as to Bank of America. Petitioner may file an Amended Petition to Quash within FOURTEEN (14) DAYS of this Opinion and Order.

Copies:

Hon. Sheri Polster Chappell United States Magistrate Judge Parties of Record

20111220

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