In re Timothy Augustus Ward

Summary

The United States District Court for the District of South Carolina adopted a magistrate judge’s Report and Recommendation and dismissed Timothy Augustus Ward’s bankruptcy appeal without prejudice. The dismissal was based on failure to prosecute and failure to timely file a statement of issues and designation of the record, and any pending motions were deemed moot.

Holdings

1. When a party fails to file timely and specific objections to a magistrate judge's report and recommendation, the district court is not required to conduct de novo review and need only determine whether clear error appears on the face of the record.
2. A bankruptcy appeal may be dismissed without prejudice when the appellant fails to prosecute and fails to comply with the Federal Rules of Bankruptcy Procedure and a district court order requiring a statement of issues and designation of the record.
3. An untimely filing that neither constitutes a proper specific objection nor timely designates the record does not cure the appellant's prior procedural noncompliance.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation in the absence of timely and specific objections.
2. Whether the bankruptcy appeal should be dismissed without prejudice for failure to prosecute and failure to comply with the Federal Rules of Bankruptcy Procedure and the district court's order.
3. Whether Ward's untimely Statement of Issue cured his prior procedural deficiencies.

Disposition

dismissed