Phillip Paul Goodyear v. Bryan Stirling

Summary

The United States District Court for the District of South Carolina adopts the magistrate judge’s Report and Recommendation in this 42 U.S.C. § 1983 action. The court dismisses the action without prejudice, without further leave to amend, and without issuance and service of process, and advises the parties of their right to appeal.

Holdings

1. When no specific, timely objections are filed to a magistrate judge's Report and Recommendation, the district court need not conduct de novo review and need only determine whether the record contains clear error before accepting the recommendation.
2. A party's failure to file specific written objections to a magistrate judge's Report and Recommendation waives the party's right to appellate review of the district court judgment based on that recommendation.
3. The court adopted the Report and Recommendation and dismissed the action without prejudice, without further leave to amend, and without issuance and service of process.

Questions Presented

1. What standard of review applies when no specific, timely objections are filed to a magistrate judge's Report and Recommendation?
2. Whether the district court should adopt the magistrate judge's recommendation and dismiss the § 1983 action without prejudice, without further leave to amend, and without issuance and service of process.

Disposition

dismissed