Rebecca Theresa Kalfa v. Shellpoint Mortgage Servicing, their Trustees and their Principals; Corporate Officer R.N.E.S.; Mark Foley; Whitney Wince

Summary

The United States District Court for the District of South Carolina adopts the magistrate judge’s Report and Recommendation and summarily dismisses Rebecca Theresa Kalfa’s action against Shellpoint Mortgage Servicing and other defendants. The court finds that the complaint and amended complaint contain insufficient factual allegations and fail to establish a cognizable claim for relief. Dismissal is without further leave to amend and without issuance and service of process.

Holdings

1. When no timely objection is filed, the district court need not conduct de novo review and instead must satisfy itself that there is no clear error on the face of the record before accepting the magistrate judge's recommendation.
2. The action was properly summarily dismissed because the Complaint and Amended Complaint contained insufficient factual allegations, failed to explain how the cited authorities applied to the claims, and failed to establish a cognizable claim for relief.
3. The case was dismissed without further leave to amend and without issuance and service of process.

Questions Presented

1. What standard of review applies when a party files no objections to a magistrate judge's Report and Recommendation?
2. Whether the magistrate judge's recommendation to summarily dismiss the action should be accepted.
3. Whether the action should be dismissed without further leave to amend and without issuance and service of process.

Disposition

dismissed