Robert L. Rawlinson v. Will Anderson, Nurse Barnett, Jason Leblanc

Summary

The United States District Court for the District of South Carolina adopts a magistrate judge’s Report and Recommendation because the plaintiff filed no objections and the court found no clear error. The court dismisses the plaintiff’s 42 U.S.C. § 1983 action without prejudice and without issuance or service of process for failure to allege a plausible claim against certain defendants and failure to make allegations concerning another defendant.

Holdings

1. When no objections are filed, the district court need only determine whether there is clear error on the face of the record before accepting the magistrate judge's recommendation.
2. The action was properly dismissed without prejudice because the complaint failed to allege facts supporting a plausible § 1983 claim against Anderson and Leblanc and contained no allegations concerning Barnett.

Questions Presented

1. Whether the district court should review and adopt the magistrate judge's Report and Recommendation when no objections were filed.
2. Whether the action should be dismissed because the complaint failed to allege a plausible 42 U.S.C. § 1983 claim against Anderson and Leblanc and contained no allegations concerning Barnett.

Disposition

dismissed