Daphne Keller v. J Valdez, et al.

Summary

The United States District Court for the Southern District of Texas adopts a magistrate judge’s memorandum and recommendation to dismiss the action for failure to prosecute. The case is dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because no timely objections were filed and the court found no clear error.

Holdings

1. When no timely objection is filed to a magistrate judge's memorandum and recommendation, 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 action was properly dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Questions Presented

1. Whether the district court should adopt the magistrate judge's memorandum and recommendation when no timely objection was filed.
2. Whether the action should be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Disposition

dismissed