Summary
The United States District Court for the District of South Carolina adopted a magistrate judge’s Report and Recommendation and denied Leroy K. Smalls’s motion for a preliminary injunction concerning his housing and conditions in a restrictive housing unit. The court found no clear error in the Report and noted that Plaintiff had not filed timely objections.
Holdings
- When no specific objections are filed, the district court need only determine whether the Report and Recommendation contains clear error on the face of the record before adopting it.
- Plaintiff's motion for a preliminary injunction was denied because he failed to make the required clear showing of a likelihood of success on the merits or a likelihood of irreparable harm absent injunctive relief.
Questions Presented
- Whether the district court should adopt the magistrate judge's Report and Recommendation when Plaintiff filed no objections.
- Whether Plaintiff was entitled to a preliminary injunction concerning his confinement in restrictive housing.
Disposition
other
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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