Summary
The United States District Court for the District of South Carolina adopted a magistrate judge’s Report and Recommendation because the plaintiff filed no objections and the court found no clear error. The court dismissed the action without prejudice and without leave to amend for failure to satisfy pleading requirements and failure to state a claim.
Holdings
- When no specific objections are filed, the district court need only satisfy itself that no clear error appears on the face of the record before adopting the recommendation.
- The action was properly dismissed without prejudice and without leave for further amendment based on the Report's determination that the pleading failed to satisfy minimal pleading requirements and failed to state a claim.
Questions Presented
- Whether the district court could adopt the magistrate judge's Report and Recommendation without de novo review when Plaintiff filed no objections.
- Whether the action should be dismissed for failure to satisfy minimal pleading requirements and failure to state a claim.
Disposition
dismissed
Cases Cited (2)
- Mathews v. Weber, 423 U.S. 261, 270-71 (1976)(followed)
- Diamond v. Colonial Life & Accident Insurance Co., 416 F.3d 310, 315 (4th Cir. 2005)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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