Reported / Citable
Background
James Francisco Robbinson filed a diversity action against the National Railroad Passenger Corporation (Amtrak), asserting a state-law negligence claim.
The case was referred to a magistrate judge under 28 U.S.C. § 636(b)(1). Robbinson later moved to dismiss the case. The magistrate judge recommended granting that motion and dismissing the complaint under Federal Rule of Civil Procedure 41(a)(2). No party filed written objections to the recommendation.
The Court’s Holding
District Judge J. Campbell Barker accepted the magistrate judge’s findings and recommendation after reviewing the record for clear error. The court granted Robbinson’s motion to dismiss.
The court dismissed the complaint with prejudice. It also denied any pending motions as moot.
Key Takeaways
- The plaintiff’s request to dismiss the action was granted under Rule 41(a)(2).
- Because no timely objections were filed to the magistrate judge’s report, the district court reviewed for clear error.
- The dismissal was with prejudice, ending the asserted negligence claim.
Why It Matters
The order illustrates that a plaintiff’s voluntary-dismissal request may result in a dismissal with prejudice. It also reflects the limited clear-error review applied when no party timely objects to a magistrate judge’s recommendation.