Summary
The United States District Court for the District of South Carolina adopted a magistrate judge’s Report and Recommendation and dismissed the action without prejudice, without leave for further amendment, and without issuance and service of process. The court found no clear error and noted that the case was duplicative of another action; a pending motion for a preliminary injunction was terminated.
Holdings
- When no objections are filed to a magistrate judge's Report and Recommendation, the district court need not provide an explanation for adopting it and must satisfy itself that no clear error appears on the face of the record.
- The Report and Recommendation was adopted, and the action was dismissed without prejudice, without leave for further amendment, and without issuance and service of process.
- The motion for a preliminary injunction was terminated in light of the dismissal of the action.
Questions Presented
- What standard of review applies when no party objects to a magistrate judge's Report and Recommendation?
- Whether the Report and Recommendation recommending dismissal should be adopted where the plaintiff failed to bring the action into proper form and the action was duplicative of an earlier dismissed action.
- Whether the pending motion for a preliminary injunction should remain pending after dismissal of the action.
Disposition
dismissed
Cases Cited (3)
- Mathews v. Weber, 423 U.S. 261, 270–71 (1976)(followed)
- Diamond v. Colonial Life & Accident Insurance Co., 416 F.3d 310, 315 (4th Cir. 2005)(followed)
- Ubokudom v. Target, C/A No. 3:25-3429-SAL(relied_on)
Cited In (0)
No citing cases on record yet.
Court Document
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