Traviyawn M. Osborne v. Officer Spencer and Officer Scargnio

Summary

The United States District Court for the Southern District of Florida adopted a magistrate judge’s Report and Recommendation recommending dismissal of Traviyawn M. Osborne’s complaint without prejudice. Because no objections were filed, the court reviewed the recommendation for clear error, dismissed the complaint, denied pending motions as moot, and closed the case.

Holdings

1. Because no party filed objections within the required period, the district court reviewed the Report and Recommendation for clear error rather than conducting de novo review.
2. The court adopted the magistrate judge’s Report and Recommendation in its entirety and dismissed Plaintiff’s Complaint without prejudice.

Questions Presented

1. Whether the district court should review the magistrate judge’s Report and Recommendation for clear error when no objections were filed.
2. Whether the court should adopt the Report and Recommendation and dismiss the Complaint without prejudice.

Disposition

dismissed