Minerva Ortega Llanos and Abel Ramirez Ruiz v. Ur M. Jaddou

Summary

The United States District Court for the Southern District of Texas adopted a magistrate judge’s recommendation to dismiss the plaintiffs’ pro se action without prejudice. The dismissal was based on the plaintiffs’ failure to effect timely service, and no party filed objections to the recommendation.

Holdings

1. When no party files specific objections, the district court may accept the unobjected-to portions of a magistrate judge's recommendation if satisfied that no clear error appears on the face of the record.
2. Dismissal without prejudice was warranted because Plaintiffs failed to effect timely service despite notice of their service responsibility and extended deadlines.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation to dismiss the case without prejudice for Plaintiffs' failure to effect timely service.
2. What standard of review applies to portions of a magistrate judge's Memorandum and Recommendation when no party files objections.

Disposition

dismissed