Nicolas Bolanos v. Burl Cain

Summary

The United States District Court for the Southern District of Mississippi adopted a magistrate judge’s Report and Recommendation recommending dismissal of Nicolas Bolanos’s habeas corpus petition. The court granted Burl Cain’s motion to dismiss and dismissed the petition with prejudice after finding no clear error in the recommendation and noting that Bolanos filed no objection.

Holdings

1. When no timely objection is filed, the district court need only satisfy itself that there is no clear error on the face of the record before accepting the recommendation.
2. The magistrate judge's Report and Recommendation was adopted, the respondent's motion to dismiss was granted, and the habeas petition was dismissed with prejudice.

Questions Presented

1. Whether the district court should review and adopt the magistrate judge's Report and Recommendation in the absence of a timely objection.
2. Whether the respondent's motion to dismiss should be granted and the habeas petition dismissed with prejudice.

Disposition

dismissed