Summary
This United States District Court order adopts a Magistrate Judge’s Report and Recommendation, dismissing the plaintiff’s pro se civil action without prejudice due to a failure to effect service of process. The court explains that because no objections were filed, the plaintiff is barred from de novo review or appellate review except upon grounds of plain error. The order additionally reminds pro se litigants of their duty to keep the Clerk of Court informed of their current physical address.
Topics
Practice areas
Questions Presented
- Whether the district court must adopt the magistrate judge’s report absent objections and dismiss the action for failure to effect service of process.
Holdings
- The district court adopted the magistrate judge’s report and dismissed the action without prejudice for failure to effect service of process.
Key quotations
“Because no objections have been filed, any aggrieved party is barred from de novo review by the District Judge of the Magistrate Judge’s proposed findings, conclusions, and recommendations.” (2)
“Accordingly, it is ORDERED that the Report of the Magistrate Judge (Docket No. 11) is ADOPTED as the opinion of the District Court.” (2)
Factual background
Willis E. Walker filed a pro se lawsuit alleging deprivation of constitutional rights. He failed to effect service of process, and the address on file was returned undeliverable.
Procedural history
The plaintiff proceeded pro se. The magistrate judge issued a Report and Recommendation dismissing the case for lack of service. No objections were filed, and the district court adopted the report, dismissing the action without prejudice.