Summary
This United States District Court order adopts a Magistrate Judge’s Report and Recommendation in its entirety after the plaintiff failed to file timely objections. The court dismisses four claims without leave to amend and one claim with leave to amend, while directing the plaintiff to file a second amended complaint by June 13, 2025. The court also denies the plaintiff’s pending motions for a temporary restraining order and preliminary injunction, concluding that no live case or controversy exists until the amended complaint is submitted.
Topics
Practice areas
Questions Presented
- Whether the district court must review a magistrate's report and recommendation when no objections are filed.
- Whether the district court may grant injunctive relief when no case or controversy exists.
Holdings
- When no objections are filed to a magistrate judge's report and recommendation, the district court may adopt it without further review.
- The district court lacks jurisdiction to grant injunctive relief when the plaintiff has not filed a complaint creating a case or controversy.
Key quotations
“When a party fails to object, however, the Court is not required to conduct “any review at all ... of any issue that is not the subject of an objection.”” (at 1)
“A court’s equitable power lies only over the merits of the case or controversy before it.” (at 2)
Factual background
Plaintiff Augborne filed five claims against Malone. The magistrate recommended dismissal of four claims without leave to amend and dismissal of the third claim with leave to amend. Plaintiff did not file objections to the magistrate's report.
Procedural history
Magistrate Judge Brenda Weksler issued a Report and Recommendation dismissing claims 1,2,4,5 without leave to amend and claim 3 with leave to amend. No party filed objections, and the district court adopted the report in full and denied pending injunctive motions.
Remand instructions
Plaintiff must file a second amended complaint by June 13, 2025 before seeking injunctive relief.