Stacy Brackin v. William Tyler Amendolare

Summary

The United States District Court for the District of South Carolina dismissed Stacy Brackin’s action without prejudice after the plaintiff failed to comply with a Proper Form Order, failed to prosecute, and filed no objections to the Magistrate Judge’s Report and Recommendation. The court found no clear error, adopted the Report, and dismissed the matter without prejudice.

Holdings

1. When no timely objection is 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. Dismissal without prejudice was warranted because Plaintiff failed to comply with the Proper Form Order and failed to prosecute the action.

Questions Presented

1. Whether the district court could accept the magistrate judge's Report and Recommendation after Plaintiff failed to file objections by reviewing the record for clear error.
2. Whether dismissal without prejudice was warranted for Plaintiff's failure to comply with a court order and failure to prosecute.

Disposition

dismissed