Dawson Hanchey v. Blew Bayou Services, LLC

Summary

The United States District Court for the Southern District of Florida adopted a magistrate judge’s Report and Recommendation concerning the plaintiff’s renewed motion for default final judgment. The court denied the motion without prejudice, vacated the clerk’s default, dismissed the complaint without prejudice, permitted a proper motion for leave to amend by May 11, 2026, and directed the Clerk to close the case pending amendment.

Holdings

1. A party that fails to timely object to a report and recommendation is not entitled to de novo review by the district judge of issues addressed in the report and is barred from attacking on appeal unobjected-to factual and legal conclusions.
2. A request for leave to amend must be made by motion and must attach the proposed amended complaint or set forth the substance of the proposed amendment.
3. The renewed motion for default final judgment was denied without prejudice, the Clerk's default was vacated, and the complaint was dismissed without prejudice, subject to Plaintiff's opportunity to file a proper motion for leave to amend.

Questions Presented

1. Whether the district court should adopt the magistrate judge's report and recommendation in the absence of timely objections.
2. Whether Plaintiff's request for leave to amend made in a notice of non-objection was procedurally sufficient.
3. Whether the renewed motion for default final judgment should be denied, the Clerk's default vacated, and the complaint dismissed without prejudice.

Disposition

dismissed