Isaiah Harris v. Joshua Scarborough

Summary

The United States District Court for the District of South Carolina adopts the Magistrate Judge’s Report and Recommendation and dismisses Isaiah Harris’s pro se § 1983 action with prejudice for failure to prosecute. The court finds that Harris failed to respond to the defendant’s motion to dismiss and did not timely object to the Report and Recommendation.

Holdings

1. When a party fails to file timely, specific objections 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 before accepting the recommendation.
2. Dismissal with prejudice was warranted because Plaintiff failed to respond to the motion to dismiss and failed to object to the report and recommendation, demonstrating an intent not to prosecute the action.

Questions Presented

1. What standard of review applies when a party fails to file timely, specific objections to a magistrate judge's report and recommendation?
2. Whether the magistrate judge's recommendation to dismiss the action with prejudice for failure to prosecute should be adopted.

Disposition

dismissed