Antonio Orlando Simmons v. Ms. Dolores Peterson, et al.

Summary

The United States District Court for the District of South Carolina adopted the Magistrate Judge’s Report and Recommendation and dismissed Antonio Orlando Simmons’s pro se action without prejudice and without issuance or service of process. The court also denied the plaintiff’s motions for a state court transcript after finding that he had not corrected deficiencies in his complaint or responded to court orders.

Holdings

1. When a party fails to timely file specific objections to a magistrate judge's Report and Recommendation, the district court need not conduct de novo review and may accept the recommendation after determining that no clear error appears on the face of the record.
2. The complaint was subject to summary dismissal without prejudice and without issuance or service of process because Plaintiff failed to cure serious pleading deficiencies and failed to comply with the magistrate judge's orders.
3. Plaintiff's motions for a state court transcript were denied.

Questions Presented

1. What standard of review applies when a party fails to timely file specific objections to a magistrate judge's Report and Recommendation?
2. Whether the complaint should be summarily dismissed without prejudice and without issuance or service of process because Plaintiff failed to cure identified pleading deficiencies and failed to comply with court orders.
3. Whether Plaintiff's motions for a state court transcript should be denied.

Disposition

dismissed