Summary
This United States District Court order adopts a Magistrate Judge's Report and Recommendation, dismissing the plaintiff's pro se civil rights action brought under 42 U.S.C. § 1983 without prejudice. The court found that the plaintiff failed to file timely objections to the magistrate's report, thereby waiving appellate review. Consequently, the case is dismissed without further leave to amend or issuance of process, and the plaintiff is notified of his right to appeal within thirty days.
Topics
Practice areas
Questions Presented
- What standard of review applies when a party fails to object to a magistrate judge's Report and Recommendation?
- Whether the court should adopt the magistrate judge's recommendation and dismiss the § 1983 action without prejudice, without further leave to amend, and without issuance and service of process.
Holdings
- When no timely objection is filed, the district court need not conduct de novo review and may accept the magistrate judge's recommendation after determining that no clear error appears on the face of the record.
- A party's failure to timely object to a magistrate judge's Report and Recommendation waives appellate review.
- The court adopted the Report and Recommendation and dismissed the action without prejudice, without further leave to amend, and without issuance and service of process.
Key quotations
“Therefore, it is the judgment of the Court this case is DISMISSED WITHOUT PREJUDICE, without further leave to amend, and without issuance and service of process.”
Factual background
Talik Dominique Brewington, proceeding pro se, filed a civil-rights action against numerous defendants under 42 U.S.C. § 1983, alleging violations of his constitutional rights. A magistrate judge recommended dismissal without prejudice, without further leave to amend, and without issuance and service of process; Brewington did not file objections.
Procedural history
Brewington filed a 42 U.S.C. § 1983 action alleging constitutional-rights violations. The magistrate judge issued a Report and Recommendation on June 10, 2025. Because Brewington did not object, the district court reviewed the record for clear error, adopted the Report, and dismissed the action without prejudice, without further leave to amend, and without issuance and service of process.