Mario Lamont Harris v. Owen Kays-Erdmann, et al.

Summary

The United States District Court for the Western District of Washington adopted a magistrate judge's Report and Recommendation and dismissed Mario Lamont Harris's case without prejudice. The dismissal was based on Harris's failure to pay the filing fee or submit an application to proceed in forma pauperis, despite being directed to do so.

Holdings

1. When no objection is made to a magistrate judge's Report and Recommendation, the district court need not conduct the ordinary objection-based review and may adopt the recommendation; the court independently assessed the record and agreed with the recommendation.
2. Dismissal without prejudice was warranted because Plaintiff failed to pay the filing fee or submit an application to proceed in forma pauperis after being directed to do so.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when Plaintiff filed no objections.
2. Whether dismissal without prejudice was warranted because Plaintiff failed to pay the filing fee or apply for in forma pauperis status.

Disposition

dismissed