Quincy L. Brown v. Crayman Harvey, Jovan Haynes

Summary

The United States District Court for the District of South Carolina reviewed a magistrate judge's Report and Recommendation concerning a pro se pretrial detainee's 42 U.S.C. § 1983 claims regarding detention conditions, failure to protect, and inadequate medical treatment. Because the plaintiff failed to amend his complaint or object to the Report and Recommendation after being warned, the court adopted the portion recommending dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b). The action was dismissed without prejudice, without issuance and service of process, and without leave to amend.

Holdings

1. When no timely specific objections are filed to a magistrate judge's Report and Recommendation, the district court need only review the recommendation for clear error before accepting it.
2. A district court may dismiss an action without prejudice under Federal Rule of Civil Procedure 41(b) when a plaintiff fails to comply with an order to amend and fails to respond despite an explicit warning that dismissal may result.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation after Plaintiff filed no objections.
2. Whether dismissal without prejudice was appropriate under Federal Rule of Civil Procedure 41(b) for Plaintiff's failure to prosecute after he failed to comply with the order directing him to file an amended complaint.

Disposition

dismissed