Akimsey Cherunn Crawford v. Chase E. Furnas, George A. Johnson, and George D. Johnson

Summary

The United States District Court for the District of South Carolina adopted the magistrate judge’s recommendation and dismissed the plaintiff’s action with prejudice, without leave to amend, and without issuance and service of process. The dismissal was based on failure to state a plausible claim, with an alternative dismissal without prejudice for failure to comply with court orders under Federal Rule of Civil Procedure 41(b).

Holdings

1. When no timely objection is filed, the district court need only review the Report and the record for clear error before accepting the recommendation; de novo review is not required.
2. The action is dismissed with prejudice, without leave to amend, and without issuance and service of process for failure to state a plausible claim upon which relief can be granted.
3. Alternatively, the action is dismissed without prejudice for failure to comply with court orders pursuant to Federal Rule of Civil Procedure 41(b).

Questions Presented

1. What standard of review applies when no party objects to a magistrate judge's Report and Recommendation?
2. Whether the complaint should be dismissed with prejudice, without leave to amend, and without issuance and service of process for failure to state a plausible claim.
3. Whether the action should alternatively be dismissed without prejudice for failure to comply with court orders under Federal Rule of Civil Procedure 41(b).

Disposition

dismissed