Reported / Citable
Background
Brandon Lee Allen, a prisoner confined at the Jefferson County Correctional Facility and proceeding without counsel, brought a civil-rights action under 42 U.S.C. § 1983 against Correctional Officer Grimes and the Jefferson County Correctional Facility.
The district court referred the case to U.S. Magistrate Judge Christine L. Stetson. On July 31, 2026, the magistrate judge recommended that the action be dismissed without prejudice for want of prosecution. No party objected to the report and recommendation.
The Court’s Holding
After reviewing the report and recommendation together with the record, pleadings, and available evidence, U.S. District Judge Michael J. Truncale found the magistrate judge’s factual findings and legal conclusions correct.
The court adopted the report and recommendation. The order did not itself expressly dismiss the action; it stated that a final judgment would be entered in accordance with the order.
Key Takeaways
- The court adopted the magistrate judge’s recommendation to dismiss Allen’s Section 1983 action without prejudice for want of prosecution.
- No objections were filed to the magistrate judge’s report and recommendation.
- The adoption order contemplated a separate final judgment and did not itself expressly enter dismissal.
Why It Matters
The order illustrates the procedural distinction between adopting a magistrate judge’s recommendation and entering the final judgment that formally disposes of the action. Here, the court approved the recommended disposition but expressly indicated that final judgment would follow separately.