Summary
The United States District Court for the District of South Carolina reviews a magistrate judge’s Report and Recommendation concerning Circle K Stores, Inc.’s motion to dismiss. Finding no clear error and no objections from the parties, the court adopts the recommendation and denies the motion to dismiss.
Holdings
- 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 reviews the Report for clear error before accepting it.
- Defendant's motion to dismiss is denied.
Questions Presented
- Whether the district court should accept the magistrate judge's Report and Recommendation in the absence of objections.
- Whether Defendant's motion to dismiss should be denied as recommended.
Disposition
other
Cases Cited (2)
- Mathews v. Weber, 423 U.S. 261, 270-71 (1976)(followed)
- Diamond v. Colonial Life & Accident Ins., 416 F.3d 310, 315 (4th Cir. 2005)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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