Ladell Phillips, as Executor of the Estate of Damon Henderson v. Officer Tharp, et al.

Summary

The United States District Court for the Eastern District of Oklahoma adopted the magistrate judge’s Report and Recommendation without objection. The court granted the Town of Spiro’s motion to dismiss the second amended complaint and dismissed the Town without prejudice, deeming several other docket entries moot.

Holdings

1. When no timely objection is filed, the district court may review the magistrate judge's Report and Recommendation under any standard it deems appropriate; here, the court found no clear error on the face of the record and adopted the recommendation.
2. The Town of Spiro's motion to dismiss the plaintiff's second amended complaint was granted, and the Town of Spiro was dismissed from the action without prejudice.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when no timely objection was filed.
2. Whether the Town of Spiro's motion to dismiss the plaintiff's second amended complaint should be granted.

Disposition

dismissed