From Casetext: Smarter Legal Research

Rosenberg v. US District Judge Cameron Currie

United States District Court, D. South Carolina
Sep 23, 2010
C/A No. 0:10-1555 DCN (D.S.C. Sep. 23, 2010)

Opinion

C/A No. 0:10-1555 DCN.

September 23, 2010


ORDER


The above referenced case is before this court upon the magistrate judge's recommendation that the case be dismissed without prejudice and without issuance and service of process, and that plaintiff's Motion to Recuse be denied.

This court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1). However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend for the district court to review the factual and legal conclusions of the magistrate judge. Thomas v Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984),cert. denied, 467 U.S. 1208 (1984). No objections have been filed to the magistrate judge's report and recommendation.

In Wright v. Collins, 766 F.2d 841 (4th Cir. 1985), the court held "that a pro se litigant must receive fair notification of the consequences of failure to object to a magistrate judge's report before such a procedural default will result in waiver of the right to appeal. The notice must be `sufficiently understandable to one in appellant's circumstances fairly to appraise him of what is required.'" Id. at 846. Plaintiff was advised in a clear manner that his objections had to be filed within ten (10) days, and he received notice of the consequences at the appellate level of his failure to object to the magistrate judge's report.

A de novo review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. Accordingly, the magistrate judge's report and recommendation is AFFIRMED, the case is DISMISSED without prejudice and without issuance and service of process, and plaintiff's Motion to Recuse is DENIED.

AND IT IS SO ORDERED.

Charleston, South Carolina

September 23, 2010

NOTICE OF RIGHT TO APPEAL

The parties are hereby notified that any right to appeal this Order is governed by Rules 3 and 4 of the Federal Rules of Appellate Procedure.


Summaries of

Rosenberg v. US District Judge Cameron Currie

United States District Court, D. South Carolina
Sep 23, 2010
C/A No. 0:10-1555 DCN (D.S.C. Sep. 23, 2010)
Case details for

Rosenberg v. US District Judge Cameron Currie

Case Details

Full title:STEPHEN ROSENBERG, Plaintiff, v. US DISTRICT JUDGE CAMERON CURRIE…

Court:United States District Court, D. South Carolina

Date published: Sep 23, 2010

Citations

C/A No. 0:10-1555 DCN (D.S.C. Sep. 23, 2010)

Citing Cases

Smart v. Wilson

The "reasonable person" is a "well-informed, thoughtful observer," who is not "hypersensitive or unduly…

U.S. v. Calhoun

The "reasonable person" is a "well-informed, thoughtful observer," who is not "hypersensitive or unduly…