Shapiro v. Campanelli

Summary

The United States District Court for the Western District of Tennessee adopted a magistrate judge’s report and recommendation and dismissed John Shapiro’s 42 U.S.C. § 1983 action without prejudice for failure to prosecute and failure to comply with court orders. The court also certified that any appeal would not be taken in good faith and denied Plaintiff the ability to proceed in forma pauperis on appeal.

Holdings

1. When no specific objection is filed to a magistrate judge's recommendation, the district court is not required to conduct de novo review and may adopt the recommendation.
2. The action was properly dismissed without prejudice because Shapiro failed to prosecute, failed to update his address as ordered, failed to respond to the show-cause order, and failed to object to the recommendation.
3. Shapiro may not proceed in forma pauperis on appeal because the district court certified that an appeal would not be taken in good faith.

Questions Presented

1. Whether the district court should adopt the magistrate judge's report and recommendation when no objections were filed.
2. Whether the action should be dismissed without prejudice for failure to prosecute and failure to comply with court orders.
3. Whether Shapiro should be permitted to proceed in forma pauperis on appeal.

Disposition

dismissed