Ron S. McCray v. Joel Anderson, Elisabeth Holcomb, Dr. McRee, and Dr. Ringold

Summary

The United States District Court for the District of South Carolina adopts a magistrate judge’s Reports and Recommendations and denies Plaintiff Ron S. McCray’s three motions for default judgment. The court finds no clear error, notes that properly served defendants filed an Answer, and concludes that Defendant Holcomb was not served and therefore cannot be held in default.

Holdings

1. When no timely objection is filed, the district court need only review the report and the record for clear error before accepting the recommendation.
2. A defendant who has not been served cannot be held in default.
3. Plaintiff's three motions for default judgment were denied.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendations denying Plaintiff's motions for default judgment when Plaintiff filed no timely objections.
2. Whether Defendant Holcomb could be held in default without having been served.

Disposition

denied