Judge Boyle has been reversed at least twice for dismissing cases pursuant to a magistrate judge’s recommendation without first considering the objections of the plaintiff. In Pierce v. Jones, CA-94-68-5-BO (E.D.N.C. 1995), Judge Boyle granted summary judgment to the defendant based solely on the recommendation of the magistrate judge without considering the plaintiff’s timely objections to the magistrate’s report and recommendations. The Fourth Circuit reminded Judge Boyle that “the district court is obligated to review de novo those portions of the magistrate judge’s report to which objections are filed,” and vacated and remanded the case. 1996 U.S. App. LEXIS 50, 2 (4th Cir. 1996).
Less than a year after Judge Boyle’s decision in Pierce was vacated, the Fourth Circuit reversed Boyle again on the same grounds in Hayes v. Grimmer, 1996 U.S. App. LEXIS 32912 (4th Cir. 1996). In that case, as in Pierce, Boyle granted summary judgment to the defendant based on a magistrate judge’s recommendation without considering the plaintiff’s timely objections to the magistrate’s report.