Margaret Lewis v. Abrams and Associates, et al.

Summary

The United States District Court for the Eastern District of Michigan adopted a magistrate judge’s report and recommendation and dismissed Margaret Lewis’s Fair Debt Collection Practices Act complaint without prejudice. The dismissal was based on Lewis’s failure to pay the filing fee after her in forma pauperis application was denied and she failed to prosecute the case.

Holdings

1. Because the parties filed no objections and the district court found no clear error, the magistrate judge's report and recommendation should be adopted.
2. A complaint may be dismissed without prejudice for failure to prosecute when the plaintiff fails to pay the filing fee after being ordered to do so.

Questions Presented

1. Whether the district court should adopt the magistrate judge's unobjected-to report and recommendation under a clear-error review.
2. Whether the complaint should be dismissed without prejudice for failure to prosecute after Plaintiff failed to pay the required filing fee.

Disposition

dismissed