Darrell Anthony Williams v. Hooper, et al.

Summary

The United States District Court for the Southern District of Texas adopted a magistrate judge’s memorandum and recommendation after no timely objections were filed. The court denied the plaintiff’s motion to proceed in forma pauperis, denied as moot the motions for preliminary injunction, temporary restraining order, and court-ordered surgery, and dismissed the action without prejudice.

Holdings

1. When no timely objection is filed, the district court need only determine that there is no clear error on the face of the record before accepting the magistrate judge's memorandum and recommendation.
2. The district court adopted the magistrate judge's findings and conclusions, denied the pending motions, and dismissed the action without prejudice.

Questions Presented

1. What standard of review applies when no timely objection is filed to a magistrate judge's memorandum and recommendation?
2. Whether the district court should adopt the magistrate judge's memorandum and recommendation and dismiss the action without prejudice.

Disposition

dismissed