Sarah James v. Verizon Wireless

Summary

The United States District Court for the Eastern District of North Carolina adopts a magistrate judge’s memorandum and recommendation after finding no clear error and no party having objected. The court dismisses Sarah James’s complaint against Verizon Wireless for failure to state a claim, grants her motion to proceed in forma pauperis, and grants leave to file a superseding amended complaint.

Holdings

1. When neither party timely objects to a magistrate judge's memorandum and recommendation, the district court reviews the recommendation for clear error rather than conducting de novo review.
2. The complaint was dismissed for failure to state a claim.
3. The plaintiff's request to proceed in forma pauperis was granted.
4. The plaintiff was granted leave to file a superseding amended complaint.

Questions Presented

1. Whether the district court should review the unobjected-to memorandum and recommendation for clear error.
2. Whether the complaint should be dismissed for failure to state a claim.
3. Whether plaintiff should be granted leave to proceed in forma pauperis.
4. Whether plaintiff should be granted leave to file a superseding amended complaint.

Disposition

other