Guo v. Perry

Background

Lun Guo brought a state-law fraud claim against Marjorie Mae Perry. The opinion states that both Guo and Perry were proceeding without lawyers. Perry filed a motion to dismiss on September 1, 2023.

The case was referred to Magistrate Judge Sarah Netburn for pretrial matters and dispositive motions. On October 25, 2024, Judge Netburn issued a Report and Recommendation, which is a magistrate judge’s proposed decision for the district judge’s review. It recommended granting Perry’s motion to dismiss and granting Guo leave to amend his complaint.

Review of the Recommendation

The Report and Recommendation gave the parties 14 days to object and warned that failing to object on time would waive the right to object. No objections or requests for more time were filed. The district court therefore stated that Perry had waived the right to object to the recommendation or obtain appellate review of it.

Even without objections, the district court reviewed the Report and Recommendation for clear error and found it well reasoned and supported by the facts and law. The opinion explains that properly made objections would have required a fresh review of the challenged portions.

Ruling

Judge Dale E. Ho adopted the Report and Recommendation in its entirety. The order thus adopted its recommendation that Perry’s motion to dismiss be granted and that Guo be granted leave to amend his complaint. The order also directed the Clerk of Court to mail copies to both self-represented parties.