Dailey v. Ellis

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations after Plaintiff Sharon N. Dailey failed to file objections. The court dismissed the § 1983 action for failure to prosecute.

Holdings

1. When reviewing the magistrate judge's findings and recommendations, the district court presumes the factual findings are correct and reviews legal conclusions de novo.
2. The district court adopted the magistrate judge's findings and recommendations in full and dismissed the action for failure to prosecute.

Questions Presented

1. Whether the district court should adopt the magistrate judge's findings and recommendations when the plaintiff filed no objections.
2. Whether the action should be dismissed for failure to prosecute.

Disposition

dismissed