Lawrence Terry v. Gobrand, Inc. d/b/a Gopuff and Voya Financial

Summary

The United States District Court for the District of South Carolina declines to adopt the Magistrate Judge’s Report and Recommendation recommending summary dismissal of Lawrence Terry’s civil-rights action. Although Terry filed no objections, he submitted an amended complaint that appeared intended to cure deficiencies identified in the Report. Finding dismissal premature, the court recommits the matter to the Magistrate Judge for further proceedings.

Holdings

1. Dismissal was premature because Plaintiff's post-Report amended complaint evidenced an attempt to cure the deficiencies in his prior pleadings and a desire to pursue his claims; the district court therefore declined to adopt the Report and Recommendation and recommitted the matter for further proceedings.
2. A district court must conduct de novo review of the specific portions of a Report and Recommendation to which specific objections are made; portions not specifically objected to are reviewed for clear error, and nonspecific or conclusory objections generally have the same effect as a failure to object.

Questions Presented

1. Whether the district court should adopt the Magistrate Judge's recommendation to summarily dismiss the action for failure to state a plausible claim when the pro se plaintiff filed a timely amended complaint addressing the identified pleading deficiencies.
2. What standard of review applies to portions of a Magistrate Judge's Report and Recommendation when the parties do or do not make specific objections.

Disposition

remanded