Delgado Benitez v. Bristol West Insurance Group

Aug 5, 2026
8:26-cv-01426

ORDER

THIS CAUSE comes before the Court for consideration of a Report and Recommendation issued by United States Magistrate Judge Natalie Hirt Adams on July 21, 2026. (Dkt. 22) On June 25, 2026, Plaintiff was notified that the Court would hold an IDEAL case management conference on July 8, 2026. (Dkt. 16) Plaintiff failed to appear at the case management conference. As a result, Judge Adams issued a Show Cause Order directing Plaintiff to explain why she did not appear at the hearing. (Dkt. 21) The Order advised Plaintiff that if she failed to respond, Judge Adams would likely recommend that this case be dismissed for failure to prosecute pursuant to Local Rule 3.10 and Federal Rule of Civil Procedure 41. Nonetheless, Plaintiff failed to respond to the Show Cause Order. As a result, Judge Adams issued the Report and Recommendation, which recommends dismissal for failure to prosecute. Plaintiff has not objected to the Report and Recommendation, and the deadline for doing so has passed. Upon consideration of all relevant filings, case law, and being otherwise fully advised, the Court DISMISSES Plaintiff’s Complaint.

In the Eleventh Circuit, a district judge may accept, reject, or modify the magistrate judge’s report and recommendation after conducting a careful and complete review of the findings and recommendations. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982). A district judge “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). This requires that the district judge “give fresh consideration to those issues to which specific objection has been made by a party.” Jeffrey S. v. State Bd. of Educ., 896 F.2d 507, 512 (11th Cir.1990) (quoting H.R. 1609, 94th Cong. § 2 (1976)). 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., 37 F.3d 603, 604 (11th Cir. 1994).

Upon consideration of the Report and Recommendation, in conjunction with an independent examination of the file, the Court finds that the Report and Recommendation should be adopted, confirmed, and approved in all respects.

Accordingly, it is ORDERED that:

  1. The Report and Recommendation, (Dkt. 22), is CONFIRMED and ADOPTED as part of this Order.
  2. The Complaint, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE.
  3. The Clerk is DIRECTED to ENTER JUDGMENT against Plaintiff.
  4. The Clerk is DIRECTED to TERMINATE any pending motions and CLOSE this case

DONE and ORDERED in Tampa, Florida, this 5th day of August 2026.

MARY S. SCRIVEN

UNITED STATES DISTRICT JUDGE

Copies furnished to:

Counsel of Record

Any Unrepresented Person