John Lionel Constance, Jr., individually and as father and next friend of L.G.C. v. South Carolina Department of Social Services, Edward Moore, John Does 1-25

Constance v. South Carolina Department of Social Services · United States District Court for the District of South Carolina · February 19, 2026 · No. 6:26-196-BHH

Summary

The United States District Court for the District of South Carolina reviews a magistrate judge’s Report and Recommendation concerning Plaintiff’s motion for a temporary restraining order and preliminary injunction. Finding no clear error and agreeing that Plaintiff failed to make the required showing under Winter v. Natural Resources Defense Council, Inc., the Court adopts the Report and denies the motion.

Holdings

  1. When no specific objections are filed, the district court reviews the magistrate judge's recommendation for clear error rather than conducting a de novo review.
  2. Plaintiff was not entitled to a temporary restraining order or preliminary injunction because he failed to make the requisite clear showing of the elements necessary for such relief.

Questions Presented

  1. What standard of review applies when no party files specific objections to a magistrate judge's Report and Recommendation?
  2. Whether Plaintiff demonstrated entitlement to a temporary restraining order or preliminary injunction.

Disposition

other

Cases Cited (3)

  • Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008)(followed)
  • Mathews v. Weber, 423 U.S. 261 (1976)(followed)
  • Diamond v. Colonial Life & Accident Insurance Co., 416 F.3d 310, 315 (4th Cir. 2005)(followed)

Cited In (0)

No citing cases on record yet.

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