Ross Matthew Cataffo v. Econo Lodge by Wyndham and Super 8 Hotel

Summary

The United States District Court for the Southern District of West Virginia adopts a magistrate judge’s recommendation in Ross Matthew Cataffo’s action against Econo Lodge by Wyndham and Super 8 Hotel. The court denies the application to proceed without prepayment of fees and costs, dismisses the complaint without prejudice for failure to comply with court orders, and removes the matter from the docket.

Holdings

1. When no timely objections are filed, the district court is not required to conduct de novo or other review of the magistrate judge's factual or legal conclusions, and failure to object waives de novo review and the right to appeal the order.
2. The plaintiff's failure to comply with orders requiring a completed application to proceed without prepayment of fees or payment of fees and an amended complaint warranted denial of the application and dismissal of the complaint without prejudice.

Questions Presented

1. Whether the district court should adopt the magistrate judge's proposed findings and recommendation when no timely objections were filed.
2. Whether the plaintiff's failure to comply with orders requiring a completed in forma pauperis application or payment of fees and an amended complaint warranted denial of the application and dismissal without prejudice.

Disposition

dismissed