Latroy Brown v. Deloris King, SCDC; Director Bryan Stirling, SCDC; Warden Kenneth Sharp, SCDC

Summary

The United States District Court for the District of South Carolina adopts the Magistrate Judge’s Report and Recommendation and summarily dismisses Latroy Brown’s action without prejudice, without leave to amend, and without issuance and service of process. The court finds no clear error after Plaintiff failed to file objections to the Report.

Holdings

1. When no timely objection is filed, the district court need not conduct de novo review and instead reviews the Report and Recommendation for clear error on the face of the record.
2. The court accepted the Report and Recommendation and summarily dismissed the action without prejudice, without leave to amend, and without issuance and service of process.

Questions Presented

1. What standard of review applies when a party fails to object to a magistrate judge's Report and Recommendation?
2. Whether the magistrate judge's recommendation to summarily dismiss the action without prejudice, without leave to amend, and without issuance and service of process should be accepted.

Disposition

dismissed