Summary
The United States District Court for the District of South Carolina reviewed Plaintiff Randolph Ashford’s objections to a Report and Recommendation concerning his motion for a preliminary injunction. The court overruled the objections, adopted the Report and Recommendation, denied the motion for a preliminary injunction, and recommitted the matter to the Magistrate Judge for further review.
Holdings
- A district court must conduct de novo review of the portions of a magistrate judge's Report and Recommendation to which specific objections are made, while unobjected-to portions and portions challenged only by general or conclusory objections are reviewed for clear error.
- A prisoner's disagreement with a medical provider's judgment, or negligent diagnosis or treatment, does not by itself establish deliberate indifference; Plaintiff therefore failed to show a likelihood of success on the merits and was not entitled to a preliminary injunction.
Questions Presented
- Whether the district court properly reviewed the magistrate judge's Report and Recommendation under the de novo and clear-error standards.
- Whether Plaintiff demonstrated a likelihood of success on the merits sufficient to warrant a preliminary injunction based on alleged deliberate indifference to his medical needs.
Disposition
other
Cases Cited (14)
- Carniewski v. W. Virginia Bd. of Prob. & Parole, 974 F.2d 1330 (4th Cir. 1992)(followed)
- Camby v. Davis, 718 F.2d 198, 199-200 (4th Cir. 1983)(followed)
- Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315-316 (4th Cir. 2005)(followed)
- Dunlap v. TM Trucking of the Carolinas, LLC, No. 0:15-cv-04009-JMC, 2017 WL 6345402, at *5 n.6 (D.S.C. Dec. 12, 2017)(followed)
- One Parcel of Real Prop. Known as 2121 E. 30th St., 73 F.3d 1057, 1059 (10th Cir. 1996)(followed)
- Workman v. Perry, No. 6:17-cv-00765-RBH, 2017 WL 4791150, at *1 (D.S.C. Oct. 23, 2017)(followed)
- Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982)(followed)
- Staley v. Norton, No. 9:07-0288-PMD, 2007 WL 821181, at *1 (D.S.C. Mar. 2, 2007)(followed)
- Howard v. Sec'y of Health and Human Servs., 932 F.2d 505, 509 (6th Cir. 1991)(followed)
- Cruz v. Beto, 405 U.S. 319 (1972)(followed)
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Cited In (0)
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Court Document
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