David Haskell Green v. Dr. Guy Henry; RN Shirley Champon (Director of Nursing); RN Darrel Bassham (H.S.A. Rep.)

Summary

The court adopted a magistrate judge’s Report and Recommendation and dismissed with prejudice David Haskell Green’s claims against employees of Wellpath, LLC. The court held that Green had not shown that he opted out of third-party releases under Wellpath’s confirmed bankruptcy reorganization plan and found no clear error in the recommendation.

Holdings

1. When a party does not specifically object to a magistrate judge's analysis, the district court need review the Report and Recommendation only for clear error rather than de novo.
2. The plaintiff's claims against the Wellpath employees were dismissed with prejudice because he failed to show that he had opted out of the third-party releases required by the confirmed bankruptcy reorganization plan.

Questions Presented

1. Whether the district court should review the magistrate judge's Report and Recommendation for clear error rather than de novo because the plaintiff did not specifically object to the recommendation's opt-out analysis.
2. Whether the plaintiff's claims against the Wellpath employees should be dismissed with prejudice for failure to demonstrate that he opted out of the third-party releases in Wellpath's confirmed bankruptcy reorganization plan.

Disposition

dismissed