Wesley L. Givens v. Willington, A/W People, Frank Ocean, Cpt. Spikes

Summary

The United States District Court for the District of South Carolina dismissed Wesley L. Givens’s pro se action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The court adopted the magistrate judge’s Report and Recommendation after Plaintiff failed to respond to the supplemental summary judgment motion or file objections, and found no clear error.

Holdings

1. When no timely objection is filed, the district court reviews the Report and Recommendation for clear error and may accept it if the record reveals no clear error.
2. The action was dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to respond to the supplemental summary-judgment motion and failed to prosecute the action.
3. The supplemental motion for summary judgment was moot following dismissal of the action.

Questions Presented

1. Whether the court should accept the magistrate judge's recommendation to dismiss the action for failure to prosecute when Plaintiff filed no objections.
2. Whether the supplemental motion for summary judgment remained for decision after dismissal of the action.

Disposition

dismissed