Scarlett Lopez v. Dakota Ramseur

Lopez · United States District Court for the District of South Carolina · February 4, 2026 · No. 6:26-cv-00069-TMC

Summary

The United States District Court for the District of South Carolina adopted the magistrate judge’s Report and Recommendation after Plaintiff Scarlett Lopez failed to file objections. The court dismissed the action without prejudice, without leave to amend, and without issuance or service of process.

Holdings

  1. When no timely specific objections are filed to a magistrate judge's Report and Recommendation, the district court need not conduct de novo review and need only determine whether there is clear error on the face of the record.
  2. Failure to file specific written objections to a magistrate judge's Report and Recommendation waives the party's right to appeal the district court's judgment based on that recommendation.
  3. The district court adopted the magistrate judge's recommendation and dismissed the action without prejudice, without leave to amend, and without issuance and service of process.

Questions Presented

  1. What standard of review applies when a party fails to file timely specific objections to a magistrate judge's Report and Recommendation?
  2. Whether the district court should adopt the magistrate judge's recommendation and dismiss the action without prejudice, without leave to amend, and without issuance and service of process.

Disposition

dismissed

Cases Cited (11)

  • Wimmer v. Cook, 774 F.2d 68, 72 (4th Cir. 1985)(followed)
  • Mathews v. Weber, 423 U.S. 261, 270-71 (1976)(followed)
  • Farmer v. McBride, 177 Fed. App'x 327, 330-31 (4th Cir. 2006)(followed)
  • Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982)(followed)
  • Elijah v. Dunbar, 66 F.4th 454, 460 (4th Cir. 2023)(followed)
  • United States v. Midgette, 478 F.3d 616, 622 (4th Cir. 2007)(followed)
  • Lockert v. Faulkner, 843 F.2d 1015, 1019 (7th Cir. 1988)(followed)
  • Diamond v. Colonial Life & Accident Insurance Co., 416 F.3d 310, 315 (4th Cir. 2005)(followed)
  • Greenspan v. Brothers Property Corp., 103 F. Supp. 3d 734, 737 (D.S.C. 2015)(followed)
  • Camby v. Davis, 718 F.2d 198, 199-200 (4th Cir. 1983)(followed)

Showing top 10 of 11.

Cited In (0)

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