Taurice Collins v. Christopher Lowell Brown and Town Council of Mayesville

Summary

The United States District Court for the District of South Carolina adopted a magistrate judge's Report and Recommendation and dismissed Taurice Collins's action against Christopher Lowell Brown and the Town Council of Mayesville with prejudice for lack of prosecution. The court deemed pending motions moot and advised Collins of the right to appeal.

Holdings

1. When no timely objection is filed, the district court need not conduct de novo review and may accept the recommendation after determining that there is no clear error on the face of the record.
2. Failure to file timely objections waives appellate review.
3. The action was properly dismissed with prejudice for lack of prosecution.
4. Any pending motions became moot upon dismissal of the action and were deemed moot.

Questions Presented

1. What standard of review applies when a party fails to file timely objections to a magistrate judge's report and recommendation?
2. Whether the action should be dismissed with prejudice for lack of prosecution.
3. Whether pending motions should be terminated as moot following dismissal.

Disposition

dismissed