Yu Hin Chan v. Karen May Bacdayan

Summary

The United States District Court for the Eastern District of Louisiana adopts a magistrate judge’s Report and Recommendation after the plaintiff filed no objections. The court dismisses Yu Hin Chan’s pro se, in forma pauperis complaint without prejudice.

Holdings

1. When no timely objection is filed to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for clear error on the face of the record.
2. The Report and Recommendation was properly adopted because the court found no clear error, and the complaint was dismissed without prejudice.

Questions Presented

1. What standard of review applies when a party does not object to a magistrate judge's Report and Recommendation?
2. Whether the Report and Recommendation recommending dismissal without prejudice should be adopted.

Disposition

dismissed