Ty Brett Pierce v. Alicia An, et al.

Summary

The United States District Court for the Eastern District of Texas adopted the magistrate judge’s report and recommendation recommending dismissal of Ty Brett Pierce’s pro se prison civil-rights action. Because Pierce filed no objections, the court reviewed the recommendation for clear error, abuse of discretion, and conclusions contrary to law, and dismissed the case with prejudice for failure to state a claim under 28 U.S.C. § 1915A(b)(1).

Holdings

1. When no timely objections are filed to a magistrate judge's report and recommendation, the district court reviews the magistrate judge's findings for clear error or abuse of discretion and reviews legal conclusions to determine whether they are contrary to law.
2. The magistrate judge's report and recommendation was adopted, and the action was dismissed with prejudice for failure to state a claim upon which relief could be granted.

Questions Presented

1. What standard of review applies when a party does not timely object to a magistrate judge's report and recommendation?
2. Whether the magistrate judge's recommendation to dismiss the prison civil-rights action with prejudice for failure to state a claim should be adopted.

Disposition

dismissed