Opinion
2:20-cv-02532-SHL-tmp
08-13-2021
W. NEAL CHERRY, et al., Plaintiffs, v. G. DOUGLAS CHERRY, JR., Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT
SHERYL H. LIPMAN, UNITED STATES DISTRICT JUDGE
Before the Court is Chief Magistrate Judge Tu M. Pham's Report and Recommendation, (ECF No. 10), filed June 24, 2021, recommending that the Court dismiss Plaintiffs' Pro Se Complaint, (ECF No. 1).
A magistrate judge may submit to a judge of the court proposed findings of fact and recommendations for dismissal of a complaint for failure to state a claim. 28 U.S.C. § 636(b)(1)(B). “Within 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations.” Fed.R.Civ.P. 72(b)(2); see also 28 U.S.C. § 636(b)(1) (2017). A district court reviews de novo only those proposed findings of fact or conclusions of law to which a party specifically objects; the rest are reviewed for clear error. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(3).
Plaintiffs have not objected to the Chief Magistrate Judge's Report and Recommendation. The time to do so has expired. The Court has reviewed the Report for clear error and finds none. Therefore, the Court ADOPTS the Chief Magistrate Judge's Report and DISMISSES the Complaint without prejudice.
IT IS SO ORDERED