Timothy Trejo-Vigil v. SCDC/Various, et al.

Summary

The United States District Court for the District of South Carolina adopted in part a magistrate judge’s Report and Recommendation and dismissed Timothy Trejo-Vigil’s civil-rights action for failure to prosecute under Federal Rule of Civil Procedure 41(b). The dismissal was based on the plaintiff’s failure to submit an amended complaint after an order was returned as undeliverable, and the court did not reach the alternative ground of failure to state a claim.

Holdings

1. When a party does not timely file specific objections to a magistrate judge's Report and Recommendation, the district court conducts only limited clear-error review and the party waives the right to appellate review of the district court's order based on the recommendation.
2. A civil action may be dismissed under Federal Rule of Civil Procedure 41(b) when the plaintiff fails to prosecute by failing to comply with an order requiring an amended complaint, particularly after receiving warnings about the consequence of noncompliance.
3. Liberal construction of a pro se complaint does not permit the court to disregard a clear failure to allege facts supporting a viable federal claim or to assume a genuine issue of material fact where none exists.

Questions Presented

1. Whether the action should be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b) after Plaintiff failed to file an amended complaint as ordered.
2. What standard of review applies to the magistrate judge's Report and Recommendation when no timely objections are filed.

Disposition

dismissed