Adams v. Stirling
0:24-cv-02603
D.S.C.Mar 11, 2025Background
- Plaintiff Kent Adams filed a pro se 42 U.S.C. § 1983 claim against Bryan P. Stirling while proceeding in forma pauperis.
- The court referred all pretrial proceedings to a magistrate judge.
- Defendant Stirling moved for summary judgment; the court issued a Roseboro order advising Adams of procedures and the need to respond.
- Adams did not respond to the summary judgment motion or to subsequent orders warning of possible case dismissal for failure to prosecute.
- The magistrate judge recommended dismissal with prejudice for lack of prosecution and recommended termination of the summary judgment motion as moot.
- Adams took no action or filed objections; the District Judge adopted the Report and dismissed the case with prejudice.
Issues
| Issue | Adams's Argument | Stirling's Argument | Held |
|---|---|---|---|
| Failure to Prosecute | No response/argument provided | Case should be dismissed | Case dismissed with prejudice for non-response |
| Summary Judgment (on merits) | No response/argument provided | Summary judgment warranted | Motion terminated as moot due to dismissal |
| Notice and Opportunity to Respond | Not contested | Proper notice given | Notice deemed sufficient; order adopted |
| Right to Object to Report | No objections filed | N/A | No timely objections; right to de novo review waived |
Key Cases Cited
- Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975) (requiring courts to notify pro se litigants of summary judgment procedures)
- Wimmer v. Cook, 774 F.2d 68 (4th Cir. 1985) (district court responsible for final determination when adopting magistrate recommendations)
- Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310 (4th Cir. 2005) (standard for district court review in absence of objection)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983) (no explanation required for adopting magistrate recommendation if no objections filed)