Juventino T. Luna v. John Does; United States Marshal Services; LCDC

Summary

The United States District Court for the District of South Carolina adopted a magistrate judge's Report and Recommendation recommending dismissal of Juventino T. Luna's civil rights action. Because Luna filed no objections and failed to comply with a court order or prosecute the action, the court summarily dismissed the case without prejudice under Federal Rule of Civil Procedure 41.

Holdings

1. When no objections are filed to a magistrate judge's Report and Recommendation, the district court need only satisfy itself that there is no clear error on the face of the record before adopting the recommendation.
2. The action was properly dismissed without prejudice under Federal Rule of Civil Procedure 41 for failure to comply with a court order and failure to prosecute.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when the plaintiff filed no objections.
2. Whether the action should be dismissed without prejudice for failure to comply with a court order and failure to prosecute.

Disposition

dismissed