David Lee Pair, Jr. v. Federal Bureau of Prisons, et al.

Summary

The United States District Court for the Northern District of Alabama adopted a magistrate judge’s Report and Recommendation and dismissed David Lee Pair, Jr.’s action against the Federal Bureau of Prisons and other defendants without prejudice. The dismissal was based on failure to prosecute under Federal Rule of Civil Procedure 41(b), and the Clerk was directed to close the case.

Holdings

1. When no party objects to a portion of a magistrate judge's Report and Recommendation, the district court reviews that portion for clear error.
2. The action should be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Questions Presented

1. Whether the district court should accept and adopt the unchallenged magistrate judge's Report and Recommendation after reviewing it for clear error.
2. Whether the action should be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Disposition

dismissed