Michael Cannady v. Kathy White and Shana Peeler

Summary

The United States District Court for the District of South Carolina reviewed a magistrate judge’s Report and Recommendation recommending summary dismissal of Michael Cannady’s action. After finding no clear error and noting the absence of objections, the court accepted the recommendation and dismissed the action without issuance or service of process, without leave to amend, and without prejudice.

Holdings

1. When no timely objection is filed to a magistrate judge's Report and Recommendation, the district court need not conduct de novo review and instead must determine whether the recommendation contains clear error on the face of the record.
2. The court accepted the magistrate judge's Report and Recommendation and dismissed the action without issuance and service of process, without leave to amend, and without prejudice.

Questions Presented

1. What standard of review applies when a party does not object to a magistrate judge's Report and Recommendation?
2. Whether the court should accept the magistrate judge's recommendation and dismiss the action without leave to amend and without prejudice.

Disposition

dismissed