Summary
The United States District Court for the District of South Carolina adopted the magistrate judge’s Report and Recommendation and summarily dismissed Dominique Rashad Quiller’s civil-rights action against South Carolina Probation, Parole and Pardon Services without prejudice for failure to prosecute. The court deemed Quiller’s motion to proceed in forma pauperis moot and advised him of his right to appeal within thirty days.
Holdings
- When a party fails to file a 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 no clear error appears on the face of the record before accepting the recommendation.
- The action was summarily dismissed without prejudice for failure to prosecute.
- The plaintiff's motion to proceed in forma pauperis was moot after the action was dismissed.
Questions Presented
- Whether the district court should adopt the magistrate judge's Report and Recommendation when the plaintiff filed no objections.
- Whether the action should be summarily dismissed without prejudice for failure to prosecute.
- Whether the plaintiff's motion to proceed in forma pauperis became moot after dismissal.
Disposition
dismissed
Cases Cited (3)
- Mathews v. Weber, 423 U.S. 261, 270 (1976)(followed)
- Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005)(followed)
- Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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