Curtis Dillard, Jr. v. Patrella, et al.

Summary

The United States District Court for the Middle District of North Carolina reviews and adopts a magistrate judge’s recommendation because no party filed objections and the record presents no clear error. The court denies Curtis Dillard Jr.’s motion for summary judgment as premature.

Holdings

1. When no objections are filed, the district court need only satisfy itself that there is no clear error on the face of the record before accepting the recommendation.
2. Plaintiff's motion for summary judgment was denied as premature.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation when no party filed objections.
2. Whether Plaintiff's motion for summary judgment should be denied as premature.

Disposition

other