Mary Pressley v. 21st Mortgage

Summary

The United States District Court for the District of South Carolina reviewed a magistrate judge’s recommendation to summarily dismiss Mary Pressley’s action against 21st Mortgage. Finding no clear error and agreeing that subject matter jurisdiction was lacking and abstention was appropriate under the Rooker-Feldman doctrine, the Court adopted the Report and Recommendation. The Court denied Pressley’s motion for a temporary restraining order and dismissed the action.

Holdings

1. When no specific objections are filed, the district court reviews the Report and Recommendation for clear error rather than conducting de novo review.
2. The action must be dismissed for lack of subject matter jurisdiction.
3. The motion for a temporary restraining order and preliminary injunction is denied.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when no specific objections were filed.
2. Whether the action should be dismissed for lack of subject matter jurisdiction.
3. Whether Plaintiff's motion for a temporary restraining order and preliminary injunction should be denied.

Disposition

dismissed