Travis Scott McCall a/k/a Travis Scott McCall, Sr. v. Scotty Bodiford, GCDC Administrator; James E. Hudson, Magistrate 13th Cir County of Greenville, SC

Summary

The United States District Court for the District of South Carolina reviewed a magistrate judge’s recommendation to dismiss Travis Scott McCall’s amended complaint against the Greenville County Detention Center administrator and a Greenville County magistrate. After conducting de novo review, the court adopted the recommendation and dismissed the action without issuance or service of process, without leave to amend, and without prejudice, citing pleading deficiencies and the Younger abstention doctrine.

Holdings

1. A district court must conduct a de novo determination of any portion of a magistrate judge's Report and Recommendation to which a specific objection is made; absent an objection, the court need only review for clear error before accepting the recommendation.
2. The court accepted the Report and Recommendation and dismissed the action without issuance or service of process, without leave to amend, and without prejudice.

Questions Presented

1. What standard of review applies when a party objects to a magistrate judge's Report and Recommendation?
2. Whether the Report and Recommendation should be accepted and the action dismissed without issuance or service of process, without leave to amend, and without prejudice.

Disposition

dismissed