Janet G. Isbell v. Scott Goodwin et al.

Summary

The United States District Court for the Western District of North Carolina adopted the Magistrate Judge’s Memorandum and Recommendation concerning Plaintiff Janet G. Isbell’s motion to remand. The court denied the motion without prejudice and allowed Plaintiff fourteen days to seek leave to amend her complaint under Federal Rule of Civil Procedure 15.

Holdings

1. When no timely objection is filed to a magistrate judge's Memorandum and Recommendation, the district court need not conduct de novo review and instead must satisfy itself that there is no clear error on the face of the record.
2. A party's failure to make a timely objection to the M&R constitutes a waiver of the party's right to de novo review of the issues covered by the recommendation.
3. The magistrate judge's recommendation was adopted, and Plaintiff's motion to remand to state court was denied without prejudice.
4. Plaintiff was allowed fourteen days from entry of the order to seek leave to amend her complaint under Federal Rule of Civil Procedure 15.

Questions Presented

1. What standard of review applies when no party timely objects to a magistrate judge's Memorandum and Recommendation?
2. Whether the magistrate judge's recommendation to deny Plaintiff's motion to remand without prejudice should be adopted.
3. Whether the recommended period for Plaintiff to seek leave to amend should be modified.

Disposition

remanded