Richard Curtis v. Jessica Little, et al.

Summary

The United States District Court for the Southern District of Ohio adopted the Magistrate Judge’s Report and Recommendation and denied Richard Curtis’s letter motion to re-file his previously dismissed complaint, reopen the action, or obtain relief from judgment under Federal Rule of Civil Procedure 60(b). Because Curtis filed no objections, the court reviewed the recommendation for clear error and found none.

Holdings

1. A district court is not required to independently review a magistrate judge's Report and Recommendation when no objection is filed within the prescribed period; the court may nevertheless review the recommendation for clear error.
2. The plaintiff was not entitled to re-file the previously dismissed complaint, re-open the action, or obtain relief from judgment under Rule 60(b).

Questions Presented

1. Whether the district court should independently review a magistrate judge's Report and Recommendation when the plaintiff filed no objections.
2. Whether the plaintiff was entitled to re-file the previously dismissed complaint, re-open the action, or obtain relief from judgment under Federal Rule of Civil Procedure 60(b).

Disposition

other