Justine Garland v. Ramada by Wyndham Raleigh, et al.

Summary

The United States District Court for the Eastern District of North Carolina adopts a magistrate judge’s recommendation after finding no clear error and no timely objections. The court dismisses the plaintiff’s complaint for failure to prosecute and denies without prejudice her applications to proceed in forma pauperis.

Holdings

1. When no party files a specific and timely objection to a magistrate judge's recommendation, the district court reviews the recommendation for clear error and may adopt it without providing an explanation.
2. Because the court found no clear error in the magistrate judge's recommendation, it adopted the recommendation and dismissed the plaintiff's complaint for failure to prosecute.
3. The plaintiff's applications to proceed in forma pauperis were denied without prejudice.

Questions Presented

1. What standard of review applies when no party files a specific and timely objection to a magistrate judge's Memorandum and Recommendation?
2. Whether the district court should adopt the magistrate judge's recommendation and dismiss the complaint for failure to prosecute.
3. Whether the plaintiff's applications to proceed in forma pauperis should be denied without prejudice.

Disposition

dismissed