David Lee Parker v. Dir. Harvey, Alvin S. Glenn, Richland County Sheriff's Office, 5th Circuit Solicitor's Office

Summary

The United States District Court for the District of South Carolina adopted the Magistrate Judge’s Report and Recommendation and dismissed David Lee Parker’s action without prejudice under Federal Rule of Civil Procedure 41(b). The dismissal was based on Parker’s failure to respond to a Proper Form Order and failure to file timely objections to the recommended dismissal.

Holdings

1. Because Plaintiff filed no timely objections, the district court reviewed the Report and Recommendation under the applicable limited clear-error standard and adopted it as the order of the court.
2. Dismissal without prejudice under Federal Rule of Civil Procedure 41(b) was appropriate because Plaintiff failed to respond to the Proper Form Order after being warned that noncompliance could result in dismissal.
3. Liberal construction of a pro se complaint does not permit the court to disregard a clear failure to allege facts establishing a viable federal claim.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when Plaintiff failed to respond to the Proper Form Order and filed no timely objections.
2. Whether dismissal without prejudice under Federal Rule of Civil Procedure 41(b) was appropriate for Plaintiff's failure to comply with the Proper Form Order.

Disposition

dismissed