David Abisai Reyes-Medrano v. Jorge Moreno, Sergeant Rodriguez, and City of Edinburg

Summary

The United States District Court for the Southern District of Texas accepted and adopted a magistrate judge’s Memorandum and Recommendation after no party objected. The court dismissed the plaintiff’s complaint with prejudice as frivolous under 28 U.S.C. § 1915.

Holdings

1. When no party objects to the magistrate judge's Memorandum and Recommendation, the district court reviews the recommendation for plain error and, finding none, may accept and adopt it.
2. The complaint is dismissed with prejudice as frivolous under 28 U.S.C. § 1915.

Questions Presented

1. Whether the district court should accept and adopt the magistrate judge's Memorandum and Recommendation when no party filed an objection.
2. Whether the complaint should be dismissed with prejudice as frivolous under 28 U.S.C. § 1915.

Disposition

dismissed