MAURICE-EDWARD: THOMPSON v. S. WILSHIRE

Summary

The United States District Court for the Southern District of West Virginia adopted the magistrate judge’s Proposed Findings and Recommendations without objection. The court granted the defendant’s motion, dismissed the action with prejudice, and directed that it be removed from the docket.

Holdings

1. When no objection is made to a portion of a magistrate judge's findings or recommendation, the district court is not required to review that portion under a de novo or other standard.
2. Plaintiff's notice of appeal was not an appropriate objection to the PF&R and would not be construed as one.
3. The court adopted the PF&R, granted Defendant's motion, dismissed the action with prejudice, and directed that the action be removed from the docket.

Questions Presented

1. Whether the district court was required to conduct de novo review of the magistrate judge's PF&R when Plaintiff filed no proper objection.
2. Whether Plaintiff's notice of appeal could be treated as an objection to the PF&R.
3. Whether Defendant's motion should be granted and the action dismissed with prejudice.

Disposition

dismissed