Aaron A. Ramos v. Chaplain J. Stehle, et al.

Summary

The United States District Court for the Southern District of Texas adopts the magistrate judge’s memorandum and recommendation after no timely objections were filed. The court dismisses Defendant Warden J. Fikes without prejudice for failure to timely serve him with the complaint.

Holdings

1. When no timely objection to a magistrate judge's memorandum and recommendation is filed, the district court need only determine whether the record contains clear error before accepting the recommendation.
2. Warden J. Fikes was dismissed without prejudice for failure to timely serve him with the complaint.

Questions Presented

1. Whether the district court should accept the magistrate judge's memorandum and recommendation when no timely objection was filed and the record revealed no clear error.
2. Whether Warden J. Fikes should be dismissed without prejudice for failure to timely serve him with the complaint.

Disposition

dismissed