Phillip Reeves v. Michael Callison; Hobart Lewis

Summary

The court adopts a magistrate judge’s Report and Recommendation and dismisses Phillip Reeves’s complaint without prejudice and without issuance and service of process. Because Reeves filed no objections, the court reviewed the recommendation for clear error and found none.

Holdings

1. When no timely specific objection is filed, the district court need only review the Report and Recommendation for clear error before accepting it; a specific objection would require de novo review of the challenged portion.
2. The court adopted the Report and Recommendation and dismissed the matter without prejudice and without issuance and service of process.

Questions Presented

1. What standard of review applies when a party fails to object to a magistrate judge's Report and Recommendation?
2. Whether the magistrate judge's recommendation to dismiss the action without prejudice and without issuance and service of process should be adopted.

Disposition

dismissed