Pankaj J. Patel v. Kristi Noem, Secretary DHS, et al.

Summary

The United States District Court for the Middle District of Tennessee adopted the Magistrate Judge’s Report and Recommendation and dismissed Pankaj J. Patel’s action without prejudice. The dismissal was based on Patel’s failure to timely serve the defendants and failure to respond to the Court’s show cause order, pursuant to Federal Rule of Civil Procedure 4(m).

Holdings

1. When no timely objection is filed to a Report and Recommendation, the district court need only determine whether the record contains clear error before accepting the recommendation.
2. Dismissal without prejudice was the proper remedy because Patel failed to timely serve the defendants and failed to respond to the Court's show cause order.

Questions Presented

1. Whether the district court should review the unobjected-to Report and Recommendation for clear error rather than de novo.
2. Whether dismissal without prejudice was warranted under Federal Rule of Civil Procedure 4(m) because Patel failed to timely serve the defendants and failed to respond to the show cause order.

Disposition

dismissed