Davis v. Board of Trustee of the University of Alabama for its Division, University of Alabama Hospital et al
MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 3/11/2014. (AVC)
2014 Mar-11 PM 04:32
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
STEVEN R. DAVIS,
ANTHONY PURCELL, et al.,
Case No.: 2:12-cv-02112-MHH
On October 28, 2013, Chief Magistrate Judge John Ott entered a report and
recommendation (Doc. 36) recommending that plaintiff Steven Davis’s claims
against defendant University of Alabama for its Division, University of Alabama
Hospital be dismissed with prejudice. 1 Chief Magistrate Judge Ott permitted the
parties fourteen days to file objections to the recommendation. (Doc. 36, p. 8).
Neither party has filed any objections.
A district court “may accept, reject, or modify, in whole or part, the findings
or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C).
When a party makes timely objections to a Report and Recommendation, the
Chief Magistrate Judge Ott also entered another report and recommendation on January 6,
2014, recommending that the Court grant the remaining defendants’ motion for summary
judgment. (Doc. 37). Mr. Davis has filed objections to that report and recommendation. (Doc.
44). The Court will issue a separate memorandum opinion addressing those objections to the
report and recommendation concerning the motion for summary judgment.
district court “make[s] a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” Id.
When no objections are filed, the district court need not conduct a de novo
review. Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see also
United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983) (per curiam), cert.
denied, 464 U.S. 1050 (1984) (“The failure to object to the magistrate’s findings
of fact prohibits an attack on appeal of the factual findings adopted by the district
court except on grounds of plain error or manifest injustice.”) (internal citation
omitted). In Macort v. Prem, Inc., 208 Fed. Appx. 781, 784 (11th Cir. 2006), the
Eleventh Circuit stated:
Most circuits agree that “[i]n the absence of a timely filed objection, a
district court need not conduct a de novo review, but instead must
only satisfy itself that there is no clear error on the face of the record
in order to accept the recommendation.” Diamond v. Colonial Life &
Accident Ins., 416 F.3d 310, 315 (4th Cir. 2005) (quotations omitted);
accord Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir.1999)
(“If no objection or only partial objection is made [to the magistrate
judge's report], the district court judge reviews those unobjected
portions for clear error.”); United States v. Wilson, 864 F.2d 1219,
1221 (5th Cir. 1989) (noting that the “clearly erroneous” standard is
appropriate where there has been no objection to the magistrate
judge's ruling); Drywall Tapers & Pointers v. Local 530, 889 F.2d
389, 395 (2d Cir. 1989) (“Where a magistrate [judge] has been
appointed to conduct an evidentiary hearing, the district court reviews
the Report and Recommendation under the same clearly erroneous
standard.”) (citing Wooldridge v. Marlene Indus. Corp., 875 F.2d 540,
544 (6th Cir. 1989)).
The Eleventh Circuit does not appear to have expressly held that a district
court should review a report and recommendation for plain error in the absence of
any objections. However, other courts in this Circuit have adopted such a position.
Tauber v. Barnhart, 438 F. Supp. 2d 1366 (N.D. Ga. 2006) (“[I]ssues upon which
no specific objections are raised do not so require de novo review; the district court
may therefore accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge, applying a clearly erroneous
standard.”) (internal citations and quotations omitted); Am. Charities for
Reasonable Fundraising Regulation, Inc. v. Pinellas County, 278 F. Supp. 2d
1301, 1307 (M.D. Fla. 2003) (“[W]hen no timely and specific objections are filed,
case law indicates that the court should review the findings using a clearly
erroneous standard.”); Shuler v. Infinity Property & Gas, 2013 WL 1346615, at *1
(Mar. 29, 2013) (portions of a report and recommendation “to which no objections
is filed are reviewed only for clear error.”).
The Court has carefully reviewed the record and Magistrate Judge Ott’s
October 28, 2013 report and recommendation. (Doc. 36). Applying the clearly
erroneous standard, the Court ADOPTS the October 28, 2013 report and
ACCEPTS Judge Ott’s recommendation that Mr. Davis’s claims against defendant
University of Alabama for its Division, University of Alabama Hospital be
dismissed with prejudice. The Court will enter a separate order consistent with this
The Court DIRECTS the Clerk to please mail a copy of this memorandum
opinion to Mr. Davis.
DONE and ORDERED this 11th day of March, 2014.
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE
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