Gino Roberto Trombini, Jr. v. Weldon Eugene Holtzclaw, Jr.

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 action was summarily dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41.

Holdings

1. When no objections are filed, the district court may accept the magistrate judge's recommendation after determining that no clear error appears on the face of the record.
2. The action may be summarily dismissed without prejudice under Federal Rule of Civil Procedure 41 for failure to prosecute when the magistrate judge has so recommended and the district court finds no clear error in that recommendation.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when the plaintiff filed no objections.
2. Whether the action should be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41.

Disposition

dismissed