John F. McArthur v. Warden Rhode, Officer John Doe #1, Officer John Doe #2, Officer John Doe #3, and Officer John Doe #4

Summary

The United States District Court for the District of South Carolina summarily dismissed without prejudice John F. McArthur’s 42 U.S.C. § 1983 action against correctional officials. The court adopted the magistrate judge’s report to the extent consistent with the order but preserved McArthur’s absolute right to amend because no defendant had been served or filed a responsive pleading.

Holdings

1. When a party files no timely objection to a magistrate judge's report and recommendation, the district court need not conduct de novo review and instead must satisfy itself that there is no clear error on the face of the record.
2. The action was summarily dismissed without prejudice.
3. A plaintiff has an absolute right to amend the complaint once before a responsive pleading is filed, and the district court may not prohibit that amendment as of right. Because no defendant had been served or filed a responsive pleading, McArthur could amend without seeking leave of court.

Questions Presented

1. Whether the district court could accept the magistrate judge's report and recommendation without conducting de novo review when McArthur filed no objections.
2. Whether the case should be summarily dismissed without prejudice.
3. Whether McArthur could be denied leave to amend when no defendant had been served or filed a responsive pleading.

Disposition

dismissed