Cory Dewayne McNeal v. Tara Warren, Jude Onuoha, and Mr. Andres

Summary

The United States District Court for the District of South Carolina adopted a Magistrate Judge’s Report and Recommendation and dismissed Cory Dewayne McNeal’s civil action without prejudice. The dismissal was based on failure to prosecute under Federal Rule of Civil Procedure 41 after McNeal failed to amend his complaint and failed to file objections to the Report.

Holdings

1. Because the plaintiff filed no objections, the district court was not required to provide an explanation for adopting the magistrate judge's recommendation.
2. The action was properly dismissed without prejudice under Federal Rule of Civil Procedure 41 because the plaintiff failed to comply with the order requiring an amended complaint and failed to prosecute the action.

Questions Presented

1. Whether the district court could adopt the magistrate judge's Report and Recommendation without conducting an explained de novo review 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