Summary
The United States District Court for the District of South Carolina adopts the magistrate judge’s Report and Recommendation concerning Plaintiff’s motions to proceed in forma pauperis. The court denies those motions, grants Plaintiff fourteen days to pay the $405 filing fee, and directs that the case be dismissed without prejudice under 28 U.S.C. § 1915(g) if the fee is not timely paid.
Topics
Practice areas
Questions Presented
- Whether the district court should adopt the magistrate judge's Report and Recommendation when Plaintiff filed no objections and the record showed no clear error.
- Whether Plaintiff's motions to proceed in forma pauperis should be denied and Plaintiff required to pay the $405 filing fee within fourteen days.
Holdings
- When no objections are filed, the district court may accept a magistrate judge's recommendation after satisfying itself that there is no clear error on the face of the record.
- Plaintiff's motions to proceed in forma pauperis are denied, and Plaintiff must pay the $405 filing fee within fourteen days of the order.
- If Plaintiff fails to timely pay the filing fee, the Clerk must dismiss the matter without prejudice after the fourteen-day period, pursuant to 28 U.S.C. § 1915(g).
Key quotations
“only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”
Factual background
Plaintiff filed motions seeking leave to proceed in forma pauperis. The magistrate judge recommended denying those motions and requiring payment of the filing fee. Plaintiff did not object to the recommendation, and the district court found no clear error in the Report.
Procedural history
Magistrate Judge Shiva V. Hodges recommended denying Plaintiff's motion to proceed in forma pauperis and allowing fourteen days to pay the filing fee. Plaintiff was notified of the right to object but filed no objections. The district court reviewed the Report, found no clear error, adopted it, denied the in forma pauperis motions, and gave Plaintiff fourteen days to pay the $405 filing fee, subject to dismissal without prejudice if the fee was not timely paid.