Summary
The United States District Court for the District of South Carolina adopted the magistrate judge’s recommendation and summarily dismissed Christopher Lane’s pro se complaint without prejudice. The dismissal followed Plaintiff’s failure to amend his complaint as ordered and failure to file objections to the Report and Recommendation.
Holdings
- When no timely objection is filed, the district court reviews the magistrate judge's Report and Recommendation for clear error rather than conducting de novo review.
- The action may be summarily dismissed without prejudice when the plaintiff fails to comply with an order requiring an amended complaint after receiving notice that noncompliance could result in dismissal.
Questions Presented
- Whether the district court should accept the magistrate judge's Report and Recommendation when Plaintiff filed no objections.
- Whether the action should be summarily dismissed without prejudice after Plaintiff failed to comply with the court's order requiring an amended complaint.
Disposition
dismissed
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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