Dr. Amberly M. Williams, M.S., Ph.D. v. Ron Noble, et al.

Summary

The United States District Court for the District of Oregon adopts a magistrate judge’s Findings and Recommendation after no party filed objections. The court dismisses the complaint without prejudice and determines that any appeal would not be taken in good faith, warranting revocation of in forma pauperis status.

Holdings

1. When no party objects to a magistrate judge's findings and recommendation, the district court reviews the recommendation for clear error on the face of the record; de novo review is not required.
2. Because no clear error appeared on the face of the record, the district court adopted the Findings and Recommendation and dismissed plaintiff's complaint without prejudice.
3. Any appeal from the order would be frivolous and therefore would not be taken in good faith under 28 U.S.C. § 1915(e)(2).

Questions Presented

1. What standard of review applies when no party objects to a magistrate judge's findings and recommendation?
2. Whether the magistrate judge's recommendation to dismiss the complaint without prejudice should be adopted.
3. Whether any appeal from the dismissal would be frivolous and therefore not taken in good faith under 28 U.S.C. § 1915(e)(2).

Disposition

dismissed