Mr. Gary Nelson v. Ms. Small and Mr. Elder

Summary

The United States District Court for the District of South Carolina grants Plaintiff’s motion to proceed in forma pauperis and dismisses the action without prejudice and without issuance or service of process. The court declines to adopt the magistrate judge’s recommendation concerning disposition of the in forma pauperis motion but otherwise accepts the recommendation after finding no clear error.

Holdings

1. When no timely objection is filed, the district court need only review the Report and Recommendation for clear error on the face of the record rather than conduct de novo review.
2. Plaintiff's motion for leave to proceed in forma pauperis should be granted.
3. The action was dismissed without prejudice and without issuance and service of process.

Questions Presented

1. What standard of review applies when a party does not object to a magistrate judge's Report and Recommendation?
2. Whether the court should grant Plaintiff's motion for leave to proceed in forma pauperis.
3. Whether the action should be dismissed without prejudice and without issuance and service of process.

Disposition

dismissed