436 U.S. 658
D.S.C.2018Background
- Plaintiff J. Todd Kincannon, proceeding pro se, filed a civil action under 42 U.S.C. § 1983 against multiple defendants (unnamed/deputy sheriff, EMS employee, Lexington Medical Center employee) and entities (State of South Carolina, Lexington County, Lexington Medical Center).
- Claims included municipal liability theories (citing Monell) and alleged actionable conduct by county and medical center employees/officials.
- The case was referred to a United States Magistrate Judge, who issued a Report and Recommendation (R&R) on June 5, 2018, recommending dismissal without prejudice.
- Kincannon did not file any objections to the R&R within the time allowed.
- The district court reviewed the R&R, found no clear error on the face of the record, adopted the R&R, and entered an order dismissing the action without prejudice on June 27, 2018.
- The order notifies the parties of the right to appeal within thirty days under the Federal Rules of Appellate Procedure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case should proceed after the Magistrate Judge's R&R recommending dismissal | Kincannon filed no objections to the R&R | Magistrate Judge recommended dismissal; defendants implicitly supported R&R | Court adopted the R&R and dismissed the action without prejudice because no timely objections were filed and no clear error appeared |
| Effect of plaintiff's failure to object to the R&R on appellate review | No objection was made | Failure to object waives de novo district review and appellate review | Court applied the rule that absent timely objection it need not conduct de novo review and noted waiver of appellate review |
Key Cases Cited
- Mathews v. Weber, 423 U.S. 261 (1976) (magistrate judge's recommendation is advisory; district court makes the final determination)
- Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (4th Cir. 2005) (in absence of timely objection, district court need only satisfy itself there is no clear error on the face of the record)
- Wright v. Collins, 766 F.2d 841 (4th Cir. 1985) (failure to object to a magistrate judge's report waives appellate review)
- Monell v. Dept. of Social Services, 436 U.S. 658 (1978) (municipal liability under § 1983)