Joseph Rivera v. Ms. Fox, Health Care Administrator and Ms. Thompson, Health Care PA and Mr. Holzapfel, Warden and Dr. Cooper, PA/Doctor and F.C.I. Beckley Medical Department, and Mr. Bailey, Food Svs.

Summary

The United States District Court for the Southern District of West Virginia adopted a magistrate judge’s recommendation and dismissed Joseph Rivera’s Bivens complaints without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The court found that no objections to the PF&R were filed and directed that the matter be removed from the docket.

Holdings

1. The district court need not conduct de novo review of portions of a magistrate judge's findings or recommendation to which no timely objection is made; failure to object waives de novo review and the right to appeal those issues.
2. The complaints were dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for Rivera's failure to prosecute.

Questions Presented

1. Whether the district court was required to conduct de novo review of the magistrate judge's PF&R when no objections were filed.
2. Whether the complaints should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute.

Disposition

dismissed