Vartaurse C. Penns v. Matt Haley, et al.

Summary

The United States District Court for the Southern District of Mississippi adopted a magistrate judge’s Report and Recommendation recommending dismissal of Vartause C. Penns’ complaint for failure to prosecute. The court found no clear error and dismissed the complaint without prejudice.

Holdings

1. When no timely objection is filed, the district court need only determine whether the recommendation is clearly erroneous or contrary to law before accepting it.
2. The Complaint was properly dismissed without prejudice for failure to prosecute.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when the plaintiff filed no timely objection.
2. Whether the Complaint should be dismissed without prejudice for failure to prosecute.

Disposition

dismissed