Jayun Elenai Harrison v. Kerwin Ruiz

Summary

The United States District Court for the District of South Carolina adopts a magistrate judge’s Report and Recommendation and dismisses Jayun Elenai Harrison’s 42 U.S.C. § 1983 action for failure to prosecute. The dismissal follows Plaintiff’s failure to respond to Defendant’s summary judgment motion or otherwise participate after receiving notice and an opportunity to object.

Holdings

1. When no specific objections are filed, the district court need only determine whether the Report and Recommendation contains clear error on the face of the record before adopting it.
2. A civil action may be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b) when the plaintiff fails to respond to a dispositive motion and fails to comply with a court order directing the plaintiff to indicate whether he wishes to proceed.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when Plaintiff filed no objections.
2. Whether the action should be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b) after Plaintiff failed to respond to Defendant's summary-judgment motion and failed to comply with the court's directive to advise whether he wished to proceed.

Disposition

dismissed