Beter v. Baughman

Background

Petra Christina Beter sued Duane Baughman and others. The order concerns her claims against defendant Douglas Schoen. In an earlier report and recommendation, Magistrate Judge Tarnofsky had determined that Beter failed to state a claim against another defendant under any legally recognized theory. The court adopted that earlier recommendation in full.

The magistrate judge then invited Schoen to move to dismiss Beter’s claims based on the deficiencies identified earlier. After Schoen filed the motion, Beter was given a deadline to oppose it. The deadline was later extended, and Beter was warned that failing to respond could lead to a recommendation that her claims against Schoen be dismissed. Beter did not file an opposition by the extended deadline.

Court’s Review

Magistrate Judge Tarnofsky recommended dismissing Beter’s claims against Schoen because the allegations in the complaint could not support any of Beter’s claims against him under any legally recognized theory. No party filed an objection within the fourteen-day period.

Under federal law, a district judge may accept, reject, or change a magistrate judge’s report and recommendation. When no timely objection is filed, the district judge reviews the recommendation for clear error, meaning an obvious mistake in the record. Judge Woods conducted that review and found no clear error.

Ruling

The court accepted and adopted the report and recommendation in its entirety. It granted Schoen’s motion to dismiss and dismissed Beter’s claims against Schoen with prejudice. The clerk was directed to terminate the motion listed at Docket Number 45. The order does not state that it resolved Beter’s claims against the other defendants.