DeMarcus Williams v. Lawrence W. Parish

Summary

The United States District Court for the Western District of Oklahoma adopts a magistrate judge’s Report and Recommendation and dismisses the plaintiff’s case without prejudice under Federal Rule of Civil Procedure 41(b). The court finds that the plaintiff waived appellate review by failing to timely object and concludes that the record contains no plain error.

Holdings

1. A party who fails to make a timely objection to a magistrate judge's Report and Recommendation waives appellate review of the factual and legal issues addressed in the recommendation.
2. The court adopted the magistrate judge's Report and Recommendation in full and dismissed Plaintiff's action without prejudice pursuant to Federal Rule of Civil Procedure 41(b).

Questions Presented

1. Whether Plaintiff waived appellate review of the factual and legal issues in the Report and Recommendation by failing to file a timely objection.
2. Whether the district court should adopt the Report and Recommendation and dismiss the action under Federal Rule of Civil Procedure 41(b).

Disposition

dismissed