Michael Gardner v. Shane Peacock, Kim Johnson, and Carrie Dehewen

Summary

The court adopts a magistrate judge’s proposed findings and recommendation after no objections were filed. It denies the petitioner’s applications to proceed without prepayment of fees or costs, dismisses the complaint and amended complaint, and directs that the matter be dismissed from the docket.

Holdings

1. The district court was not required to conduct de novo or other review of the portions of the PF&R to which no objections were made, and the petitioner's failure to file timely objections waived de novo review and the right to appeal those portions.
2. The court adopted the PF&R, denied the original and amended applications to proceed without prepayment of fees or costs, dismissed the original and amended complaints, and dismissed the matter.

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 court should adopt the PF&R, deny the applications to proceed without prepayment of fees or costs, dismiss the original and amended complaints, and remove the matter from the docket.

Disposition

dismissed