Mario Donye Gullette v. Cynthia Hamilton, Officer Mrs. Hamilton, Fredrick Davis, Heather Burdett, and Anthony Breedom

Summary

The United States District Court for the District of South Carolina adopted the magistrate judge’s Report and Recommendation and dismissed Mario Donye Gullette’s action without prejudice and without leave for further amendment. The court noted that Gullette filed no objections to the Report and advised him of his right to appeal within thirty days.

Holdings

1. When a party fails to file a timely objection to a magistrate judge's Report and Recommendation, the district court need not conduct de novo review and may accept the recommendation after determining that no clear error appears on the face of the record.
2. A party's failure to object to a magistrate judge's Report and Recommendation waives appellate review of the issues addressed in the recommendation.
3. The court adopted and incorporated the Report and Recommendation and dismissed the action without prejudice and without leave for further amendment.

Questions Presented

1. What standard of review applies when a party fails to object to a magistrate judge's Report and Recommendation?
2. Whether the court should adopt the Report and Recommendation and dismiss the action without prejudice and without leave for further amendment.

Disposition

dismissed