Heather Rozar Abney et al. v. Forrest County Child Protective Services et al.

Summary

The United States District Court for the Southern District of Mississippi adopted a magistrate judge’s Report and Recommendation and dismissed without prejudice defendants who had not been served. The court found that the plaintiffs failed to show good cause for another extension of the service deadline and had not objected to the recommendation.

Holdings

1. When no party objects to a magistrate judge's report and recommendation, the district court need not conduct de novo review and instead applies the clearly erroneous, abuse-of-discretion, and contrary-to-law standards.
2. Defendants who were not served by the court-ordered deadline were properly dismissed without prejudice where the plaintiffs did not show good cause for another extension.

Questions Presented

1. Whether the district court should adopt the magistrate judge's report and recommendation when no party filed objections.
2. Whether defendants who were not served by the court-ordered deadline should be dismissed without prejudice under Federal Rule of Civil Procedure 4(m).

Disposition

dismissed