Green v. Clover Valley, Dollar General Corporation, Insurance Company, Flowers Food Inc., and ESIS/ACE American Insurance Company

Summary

The United States District Court for the District of South Carolina adopted the magistrate judge’s report and recommendation and dismissed Jeremy Green’s complaint without prejudice and without issuance or service of process for lack of subject matter jurisdiction. The court concluded that Green’s untimely filing did not present substantive objections to the report and recommendation, and therefore reviewed the record for clear error.

Holdings

1. A submission that is untimely and does not address the Report and Recommendation constitutes no objection; absent a timely specific objection, the district court need not conduct de novo review and may review the record for clear error before adopting the recommendation.
2. The complaint was dismissed without prejudice and without issuance and service of process for lack of subject matter jurisdiction.
3. Failure to file timely objections to a magistrate judge's Report and Recommendation waives appellate review.

Questions Presented

1. Whether the district court was required to conduct de novo review when the plaintiff's purported objections were untimely and did not address the magistrate judge's Report and Recommendation.
2. Whether the complaint should be dismissed without prejudice and without issuance and service of process for lack of subject matter jurisdiction.

Disposition

dismissed