Summary
The United States District Court for the District of South Carolina adopts a magistrate judge’s Report and Recommendation and denies without prejudice Plaintiff Kevin Johnson’s motion for a temporary restraining order and preliminary injunction. Because no objections were filed, the court reviewed the recommendation for clear error and found that Plaintiff had not made the clear showing required for preliminary injunctive relief.
Holdings
- When no specific objections are filed, the district court reviews the magistrate judge's recommendation for clear error rather than conducting de novo review.
- 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
- Whether the district court should adopt the magistrate judge's Report and Recommendation when no objections were filed.
- Whether Plaintiff made the requisite clear showing to obtain a temporary restraining order or preliminary injunction.
Disposition
other
Cases Cited (3)
- Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008)(followed)
- Mathews v. Weber, 423 U.S. 261 (1976)(followed)
- Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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