Opinion

Brown v. Grant

Court
District Court, D. South Carolina
Filed
May 20, 2025
Cited by
0 cases
Authority
More cited than 35.5%

stating that “in the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” (citation omitted)

How later courts described this case

  • stating that “in the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” (citation omitted)

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

ANDERSON/GREENWOOD DIVISION

Beverly A. Brown, )

a/k/a Beverly A. Gilcrest, ) Case No. 8:25-cv-00495-DCC

)

Plaintiff, )

)

v. ) ORDER

)

J. R. Grant, Shandal Boggs, Wade )

Dowtin, Zackery T. Queen, )

)

Defendants. )

________________________________ )

This matter is before the Court upon Plaintiff’s complaint alleging violations of her

civil rights pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b) and

Local Civil Rule 73.02(B)(2), (D.S.C.), this matter was referred to United States Magistrate

Judge Kevin F. McDonald pre-trial proceedings and a Report and Recommendation

(“Report”). On March 14, 2025, the Magistrate Judge issued a Report recommending

that this action be dismissed without leave to amend and without issuance of service of

process. ECF No. 15. The Magistrate Judge advised Plaintiff of the procedures and

requirements for filing objections to the Report and the serious consequences for failing

to do so. Plaintiff has not filed objections to the Report and the time to do so has lapsed.

The Magistrate Judge makes only a recommendation to this Court. The

recommendation has no presumptive weight, and the responsibility to make a final

determination remains with the Court. See Mathews v. Weber, 423 U.S. 261 (1976). The

Court is charged with making a de novo determination of any portion of the Report of the

Magistrate Judge to which a specific objection is made. The Court may accept, reject, or

modify, in whole or in part, the recommendation made by the Magistrate Judge or

recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b).

The Court will review the Report only for clear error in the absence of an objection. See

Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating

that “in the absence of a timely filed objection, a district court need not conduct a de novo

review, but instead must only satisfy itself that there is no clear error on the face of the

record in order to accept the recommendation.” (citation omitted)).

After considering the record in this case, the applicable law, and the Report of the

Magistrate Judge, the Court finds no clear error and agrees with the Report’s

recommendation. This action is DISMISSED with prejudice,1 without leave to amend,

and without issuance and service of process. Plaintiff is specifically warned that sanctions

or prefiling restrictions may be ordered if Plaintiff continues to file frivolous litigation in this

Court.

IT IS SO ORDERED.

s/ Donald C. Coggins, Jr.

United States District Judge

May 20, 2025

Spartanburg, South Carolina

1 The claims dismissed pursuant to Heck v. Humphrey, 512 U.S. 477 (1994), are

dismissed without prejudice.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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