Kevin LaPatrick Fowler v. Jerrad Smith

Summary

The United States District Court for the District of South Carolina adopts a magistrate judge’s report and recommendation in Kevin LaPatrick Fowler’s pro se action under 42 U.S.C. § 1983. The court dismisses all claims other than the excessive-force claim against Defendant Jerrad Smith with prejudice, without leave to amend, and without issuance and service of process.

Holdings

1. When no specific objections are filed, the district court reviews the magistrate judge's recommendation for clear error rather than conducting de novo review.
2. The non-excessive-force claims were properly dismissed for failure to state a claim, with prejudice, without leave for further amendment, and without issuance and service of process.

Questions Presented

1. Whether the district court should review the magistrate judge's Report for clear error when Plaintiff filed no specific objections.
2. Whether the magistrate judge's recommendation to dismiss all claims other than the excessive-force claim should be adopted.
3. Whether the non-excessive-force claims should be dismissed with prejudice, without leave to amend, and without issuance and service of process.

Disposition

other