Suggs v. Prince Court LLC, Letecia Cortez, and Jose Cortez

Summary

The United States District Court for the Eastern District of North Carolina adopted a magistrate judge’s recommendation to dismiss Timothy E. Suggs’s pro se complaint under 28 U.S.C. § 1915(e)(2)(B). The court dismissed the federal claims with prejudice, dismissed the state-law claims without prejudice, terminated the motion for summary judgment as moot, and directed the clerk to close the case.

Holdings

1. When no timely objections are filed, the district court reviews the magistrate judge's findings and conclusions for clear error and may adopt the recommendation without providing a separate explanation.
2. The magistrate judge's recommendation was adopted, plaintiff's federal claims were dismissed with prejudice, and plaintiff's state-law claims were dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B).
3. Plaintiff's motion for summary judgment was terminated as moot after dismissal of the complaint.

Questions Presented

1. Whether the district court should adopt the magistrate judge's memorandum and recommendation when no timely objections were filed.
2. Whether plaintiff's federal claims should be dismissed with prejudice and his state-law claims dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B).
3. Whether plaintiff's motion for summary judgment should be terminated as moot following dismissal of the complaint.

Disposition

dismissed