Summary
This United States District Court order adopts a Magistrate Judge’s Report and Recommendation dismissing the plaintiff’s civil action without prejudice due to failure to prosecute. Because the plaintiff failed to file timely objections to the recommendation, the court reviewed the unobjected portions for plain error and found none. The court formally adopted the magistrate’s findings, dismissed the case, and directed the clerk to close the file.
Topics
Practice areas
Questions Presented
- Whether the district court must review a magistrate judge’s report de novo when no objections are filed.
- Whether dismissal without prejudice is appropriate for failure to prosecute.
Holdings
- When a party fails to object to a magistrate judge’s report, the district court may adopt the report without de novo review.
- The court dismissed the case without prejudice for failure to prosecute.
Key quotations
“The Magistrate Judge’s Report and Recommendation (Dkt. No. 9) is ADOPTED as the opinion of the Court.” (at 1)
“This case is DISMISSED without prejudice.” (at 1)
Factual background
Plaintiff Christopher Logan Silva filed a civil action against Jerome Hayden Powell. The plaintiff failed to prosecute the case and did not file objections to the magistrate judge’s report recommending dismissal.
Procedural history
Magistrate Judge Laura Lothman Lambert issued a Report and Recommendation dismissing the case for failure to prosecute. The plaintiff filed no objections. The district court reviewed the report de novo for any objected portions and, finding none, adopted the report and entered a dismissal.