Travis Scott McCall v. Teal Johnson, Public Defender; Charles Snyder, Public Defender

Summary

The United States District Court for the District of South Carolina adopted the Magistrate Judge’s Report and Recommendation and denied Travis Scott McCall’s motion to proceed in forma pauperis. The court summarily dismissed the action without leave to amend or service of process because the plaintiff was subject to the three-strikes rule, the public defender defendants were not state actors, and the action was barred by Younger abstention.

Holdings

1. When no timely objection is filed, the district court need not conduct de novo review and instead reviews the Report and Recommendation for clear error on the face of the record.
2. The court accepted the Report and Recommendation after finding no clear error, denied plaintiff's motion to proceed in forma pauperis, and summarily dismissed the action without leave to amend or 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 Report and Recommendation should be accepted and plaintiff's motion to proceed in forma pauperis denied under the three-strikes rule.
3. Whether the action should be summarily dismissed based on the grounds identified in the Report and Recommendation, including lack of state action and Younger abstention.

Disposition

dismissed