Elijah S. Harris v. Caddo County Sheriff's Department, et al.

Summary

The United States District Court for the Western District of Oklahoma adopts a magistrate judge’s Report and Recommendation recommending dismissal under Federal Rule of Civil Procedure 41(b) for failure to comply with court orders. Because the plaintiff filed no timely objections, the court finds that he waived appellate review and dismisses the action without prejudice.

Holdings

1. A plaintiff who fails to make a timely objection to a Report and Recommendation waives the right to appellate review of the factual and legal issues addressed in that recommendation.
2. The action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to comply with the court's orders.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when the plaintiff filed no timely objections.
2. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to comply with court orders.

Disposition

dismissed