Reported / Citable
Background
Thomas Buckley and Linda Ferreira-Buckley sued U.S. Bank Trust National Association, acting solely as trustee of the Truman 2021 SC9 Title Trust, and Carrington Mortgage Services, LLC. The defendants moved to dismiss the plaintiffs’ first amended complaint for failure to state a claim.
U.S. Magistrate Judge Mark Lane recommended granting the motion and dismissing the claims with prejudice. Neither party filed objections within the prescribed period.
The Court’s Holding
Because no timely objections were filed, the district court reviewed the report and recommendation for clear error rather than conducting de novo review. Judge Alan D. Albright found no clear error on the face of the record and adopted the recommendation.
The court granted the defendants’ motion to dismiss and dismissed all claims in the first amended complaint with prejudice for failure to state a claim. It also directed the clerk to close the case.
Key Takeaways
- Absent timely objections, the district court reviewed the magistrate judge’s report and recommendation only for clear error.
- The court found no clear error and adopted the report and recommendation.
- The plaintiffs’ claims were dismissed with prejudice for failure to state a claim, ending the district-court case.
Why It Matters
The order illustrates the procedural consequence of not objecting to a magistrate judge’s report and recommendation: the district court may apply clear-error review instead of de novo review. Here, that review resulted in adoption of the recommendation and dismissal with prejudice.