Laurie Bishop v. Garland Doyle et al.

Summary

The United States District Court for the Eastern District of Michigan adopted a magistrate judge’s Report and Recommendation recommending dismissal of the defendants’ motions and sua sponte dismissal of certain defendants. The court granted the motions to dismiss, struck the plaintiff’s supplemental allegations, and dismissed the case with prejudice.

Holdings

1. When neither party files objections to a magistrate judge's report and recommendation, the district court is not obligated to independently review the record and may accept the report as the court's findings of fact and conclusions of law.
2. The defendants' motions to dismiss were granted, and the action was dismissed with prejudice.
3. A filing that could be construed as an amendment to the complaint may be stricken when the plaintiff did not request the leave to amend required by Federal Rule of Civil Procedure 15(a)(2).

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when no party filed objections.
2. Whether the defendants' motions to dismiss should be granted and the action dismissed with prejudice.
3. Whether the plaintiff's supplemental allegations should be treated as an amendment and struck because no leave to amend was requested.

Disposition

dismissed