Trenton Espinoza v. Officer C. Gulickson, 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 object within the extended deadline. The court dismissed the complaint without prejudice and struck pending motions as moot.

Holdings

1. A plaintiff who fails to timely object to a Report and Recommendation, after being advised of the objection right and consequences of nonobjection, waives appellate review of the factual and legal issues addressed in the recommendation.
2. The district court adopted the magistrate judge's Report and Recommendation and dismissed plaintiff's complaint in its entirety without prejudice.
3. The pending motions were moot and were stricken following dismissal of the complaint.

Questions Presented

1. Whether plaintiff's failure to object to the Report and Recommendation after receiving notice and an extended deadline waived appellate review of the factual and legal issues addressed in the recommendation.
2. Whether the district court should adopt the Report and Recommendation and dismiss the complaint without prejudice.
3. Whether the pending motions should be stricken as moot after dismissal of the complaint.

Disposition

dismissed