John Shapiro v. Joy Campanelli

Summary

The United States District Court for the District of South Carolina adopted the Magistrate Judge’s Report and Recommendation and dismissed John Shapiro’s action against Joy Campanelli without prejudice, without leave to amend, and without issuance or service of process. The dismissal was based on lack of venue, failure to state a claim, and failure to comply with the Court’s proper-form order; no objections were filed.

Holdings

1. When no specific objections are filed, the district court may review the report and recommendation for clear error and adopt it as the order of the court.
2. The action was properly summarily dismissed without prejudice, without leave to amend, and without issuance or service of process because the complaint lacked allegations establishing venue, failed to state a viable claim, and Plaintiff failed to comply with the proper-form order.

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 without prejudice for lack of venue, failure to state a claim upon which relief could be granted, and failure to comply with the proper-form order.

Disposition

dismissed