Kayla Thompson v. D4C Dental Brands, Inc.

Summary

The United States District Court for the Southern District of Florida affirmed and adopted a magistrate judge’s Report and Recommendation recommending dismissal of Kayla Thompson’s employment discrimination action. The court dismissed the complaint without prejudice for failure to comply with orders requiring Thompson to retain counsel or indicate that she would proceed pro se, and directed the Clerk to close the case.

Holdings

1. When no party timely objects to a magistrate judge's disposition, the district court need only determine whether clear error appears on the face of the record.
2. Dismissal without prejudice was warranted because Plaintiff repeatedly failed to comply with orders requiring her to retain counsel or notify the court that she would proceed without counsel after receiving multiple warnings that noncompliance could result in dismissal.

Questions Presented

1. What standard of review applies when a party files no timely objection to a magistrate judge's Report and Recommendation?
2. Whether Plaintiff's repeated failure to comply with court orders warranted dismissal of the complaint without prejudice for failure to prosecute.

Disposition

dismissed