Littleton v. Montiez

Summary

The United States District Court for the Eastern District of California adopts the magistrate judge’s findings and recommendations in a prisoner civil rights action under 42 U.S.C. § 1983. Because the plaintiff did not object, the court dismisses the action without prejudice under Federal Rule of Civil Procedure 41(b).

Holdings

1. The district court adopted the magistrate judge's findings and recommendations in full because they were supported by the record and proper analysis, and plaintiff filed no objections.
2. The action was dismissed without prejudice.

Questions Presented

1. Whether the district court should adopt the magistrate judge's findings and recommendations when plaintiff did not file objections after being properly served.
2. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and Local Rule 110.

Disposition

dismissed