Peter Machlup v. Lucas Johnson

Summary

The United States District Court for the Southern District of West Virginia adopts a magistrate judge's proposed findings and recommendation in a 42 U.S.C. § 1983 action alleging a Fourth Amendment violation. Because no objections were filed, the court dismisses the action with prejudice and strikes it from the docket.

Holdings

1. A district court is not required to conduct de novo or other review of the factual or legal conclusions in portions of a magistrate judge's proposed findings and recommendation to which no timely objections are made.
2. Failure to file timely objections waives de novo review and the right to appeal the district court's order.
3. The court adopted the PF&R and dismissed the civil action with prejudice, striking it from the docket.

Questions Presented

1. Whether the district court was required to conduct de novo review of the magistrate judge's proposed findings and recommendation when no objections were filed.
2. Whether the magistrate judge's recommendation should be adopted and the § 1983 action dismissed with prejudice.

Disposition

dismissed