Peru McCarra v. Sheila Ann Sheridan, et al.

Summary

The United States District Court for the Northern District of New York adopted a magistrate judge’s Report-Recommendation recommending sua sponte dismissal of Peru McCarra’s pro se complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B). The court ordered dismissal with prejudice unless McCarra filed an amended complaint within thirty days addressing the identified pleading deficiencies, and noted that failure to provide an updated address or diligently prosecute could provide an alternative basis for dismissal.

Holdings

1. When no objection is filed, the district court reviews the Report-Recommendation for clear error and may accept and adopt it if no clear error appears on the face of the record.
2. The Complaint was properly dismissed for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B), with an opportunity to amend and correct the pleading defects identified in the Report-Recommendation.
3. Plaintiff's continued failure to provide an updated address or otherwise obey the court's rules and diligently prosecute the action would constitute an alternative ground for dismissal under Federal Rule of Civil Procedure 41(b).

Questions Presented

1. Whether the court should accept and adopt the magistrate judge's Report-Recommendation when no objection was filed.
2. Whether the Complaint should be dismissed for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B), subject to an opportunity to amend.
3. Whether Plaintiff's failure to maintain an updated address or diligently prosecute the action would provide an alternative ground for dismissal.

Disposition

dismissed