Lawrence Terry v. Extra Space Storage, Inc.; Extra Space Management, Inc.; ES Operating Partnership, L.P.; Jeffrey “Jeff” Lakevicius, District Manager; Rick Miller, Store Manager; John/Jane Does 1-10

Summary

The United States District Court for the District of South Carolina adopts a magistrate judge’s Report and Recommendation and summarily dismisses, without prejudice and without issuance or service of process, Lawrence Terry’s amended complaint against Extra Space Storage and related defendants. The court concludes that Terry’s objections were nonspecific, finds no clear error in the Report, denies his requests for appointment of counsel and a temporary restraining order, and terminates other pending motions as moot.

Holdings

1. The plaintiff's filing did not present specific objections because it did not identify any factual or legal error in the magistrate judge's Report; therefore, the district court was required to review the Report only for clear error.
2. The amended complaint was subject to summary dismissal without prejudice and without issuance or service of process.
3. The plaintiff's renewed request for appointment of counsel was denied.
4. The plaintiff's requests for ADA accommodations directed at the court were inapplicable because the court is not subject to the ADA.

Questions Presented

1. Whether the plaintiff's filing constituted specific objections requiring de novo review of the magistrate judge's Report and Recommendation.
2. Whether the amended complaint was subject to summary dismissal under 28 U.S.C. § 1915(e)(2)(B).
3. Whether the plaintiff was entitled to appointment of counsel based on his asserted need for accommodation.
4. Whether the plaintiff's ADA accommodation requests applied to the federal district court.

Disposition

dismissed