Melvin Parker, III v. Jeff Lynch, et al.

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations after no party filed objections. The court dismissed the prisoner’s 42 U.S.C. § 1983 action without prejudice for failure to prosecute and directed the Clerk to close the case.

Holdings

1. The district court presumes the magistrate judge's factual findings correct and reviews the magistrate judge's legal conclusions de novo.
2. The action was properly dismissed without prejudice for plaintiff's failure to prosecute.

Questions Presented

1. Whether the magistrate judge's findings and recommendations should be adopted when no party filed objections.
2. Whether the action should be dismissed without prejudice for plaintiff's failure to prosecute.

Disposition

dismissed