Wallace McQuire v. Oklahoma Public Defenders Office, et al.

Summary

The United States District Court for the Western District of Oklahoma adopted a magistrate judge’s Report and Recommendation after the plaintiff failed to file timely objections. The court found no plain error and dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b).

Holdings

1. A party who fails to file a timely objection waives appellate review of the factual and legal issues addressed in the Report and Recommendation.
2. When no timely objection is filed, the district court reviews the Report and Recommendation to determine whether there is plain error on the face of the record.
3. The court adopted the Report and Recommendation in full and dismissed the action without prejudice pursuant to Federal Rule of Civil Procedure 41(b).

Questions Presented

1. What standard should the district court apply when reviewing a magistrate judge's Report and Recommendation to which no timely objection was filed?
2. Whether the Report and Recommendation should be adopted and the action dismissed without prejudice under Federal Rule of Civil Procedure 41(b).

Disposition

dismissed