Jeremy Lamond Henderson v. Ashlie Shanley, et al.

Summary

The United States District Court for the Middle District of North Carolina adopted a magistrate judge’s recommendation after finding no clear error and noting that no objections were filed. The court denied the plaintiff’s motion to compel service and request for removal, granted the defendant’s motion to dismiss, and dismissed the action without prejudice.

Holdings

1. When no objections are filed, the district court need only determine that there is no clear error on the face of the record before accepting the magistrate judge's recommendation.
2. The magistrate judge's recommendation was adopted; Plaintiff's motion to compel service was denied without prejudice, Plaintiff's request for removal was denied, Defendant's motion to dismiss was granted, and the action was dismissed without prejudice.

Questions Presented

1. Whether the magistrate judge's order and recommendation contained clear error on the face of the record when no party filed objections.
2. Whether to adopt the recommendation denying Plaintiff's motion to compel service and request for removal, granting Defendant's motion to dismiss, and dismissing the complaint without prejudice.

Disposition

dismissed