Dana Dennis v. Jeanie C. Jones, et al.

Summary

The United States District Court for the Northern District of Alabama adopts a magistrate judge’s Report and Recommendation recommending dismissal of the action for failure to prosecute. Because no party objected, the court reviewed the recommendation for clear error, dismissed the case without prejudice, and directed the Clerk to close the case.

Holdings

1. When no party objects to a magistrate judge's report, the district court reviews the unchallenged portions for clear error and may accept, reject, or modify the report in whole or in part.
2. The action should be dismissed without prejudice for failure to prosecute.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when no party objected to it.
2. Whether the action should be dismissed without prejudice for failure to prosecute.

Disposition

dismissed