Summary
The United States District Court for the District of South Carolina adopted the magistrate judge’s report and recommendation after Plaintiff Terrance Griffin filed no objections. The court dismissed Griffin’s 42 U.S.C. § 1983 complaint without prejudice and without issuance or service of process, and notified him of his right to appeal.
Holdings
- When no timely objection is filed, the district court need not conduct de novo review and instead must satisfy itself that there is no clear error on the face of the record before accepting the recommendation.
- The court adopted the magistrate judge's Report and Recommendation and dismissed the complaint without prejudice and without issuance and service of process.
- A failure to object to a magistrate judge's Report and Recommendation waives appellate review.
Questions Presented
- What standard of review applies when a party files no objections to a magistrate judge's Report and Recommendation?
- Whether the court should adopt the Report and Recommendation and dismiss the § 1983 complaint without prejudice and without issuance and service of process.
Disposition
dismissed
Cases Cited (3)
- Mathews v. Weber, 423 U.S. 261, 270 (1976)(followed)
- Diamond v. Colonial Life & Accident Insurance Co., 416 F.3d 310, 315 (4th Cir. 2005)(followed)
- Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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