Le’Andre Kajuan Richardson v. C.P.L. J. Gee (Jevelton Gee), Ofc. R. Poston, and the Florence County Sheriff’s Office

Summary

The United States District Court for the District of South Carolina adopted a magistrate judge’s Report and Recommendation and dismissed the plaintiff’s civil rights action with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The court found no clear error and noted that the plaintiff had not responded to the summary judgment motion, complied with court instructions, or filed objections to the Report.

Holdings

1. In the absence of specific objections, the district court reviews a magistrate judge’s Report and Recommendation for clear error rather than conducting de novo review.
2. The action may be dismissed with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) when the plaintiff fails to respond to a motion and fails to comply with court instructions.

Questions Presented

1. Whether the district court should review the magistrate judge’s Report and Recommendation for clear error in the absence of specific objections.
2. Whether the action should be dismissed with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Disposition

dismissed