Kirkland Distributors, LLC v. Kenneth McClellan, et al.

Summary

The United States District Court for the Southern District of West Virginia adopts the magistrate judge’s proposed findings and recommendation regarding Plaintiff Kirkland Distributors, LLC’s motion to remand. Because no objections were filed, the court denies the motion to remand.

Holdings

1. When no timely objections are filed, the district court is not required to review the magistrate judge's factual or legal conclusions under a de novo or any other standard, and failure to object waives de novo review and the right to appeal the district court's order.
2. The motion to remand was denied, and the magistrate judge's proposed findings and recommendation were adopted.

Questions Presented

1. Whether the district court should review the magistrate judge's proposed findings and recommendation concerning the motion to remand when no timely objections were filed.
2. Whether the motion to remand should be denied and the magistrate judge's proposed findings and recommendation adopted.

Disposition

denied