Alexander v. Jimenez and Hill-Kearse

Summary

The United States District Court for the Middle District of North Carolina adopts a magistrate judge’s recommendation to dismiss Joseph Alexander’s action for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). The court dismisses the case without prejudice because the plaintiff’s address was insufficient for service and he filed no objections to the recommendation.

Holdings

1. When no timely objection is filed, the district court need not conduct a de novo determination and need only satisfy itself that there is no clear error on the face of the record before accepting the recommendation.
2. The action was properly dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.

Questions Presented

1. Whether the district court was required to conduct de novo review of the magistrate judge's recommendation when the plaintiff filed no timely objections.
2. Whether the magistrate judge's recommendation should be adopted and the action dismissed without prejudice for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii).

Disposition

dismissed