Smith v. Gilbert et al
ORDER RULING ON REPORT AND RECOMMENDATION 11 , The case is DISMISSED without prejudice and without issuance and service of process. Signed by Honorable Timothy M Cain on 11/14/2012. (gpre, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Martha Jane Smith,
Dawn Gilbert; Ann Jackson; Elisabeth )
Rochester; Julissa Fermin; Andra
McAlister; Heritage Community-Clark
C/A No. 6:12-2936-TMC
Plaintiff, proceeding pro se, filed this action alleging that her lease had been
improperly terminated. This matter is before the court for review of the Report and
Recommendation of the United States Magistrate Judge Jacquelyn D. Austin made in
accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of
The Magistrate Judge makes only a recommendation to this court.
recommendation has no presumptive weight.
The responsibility to make a final
determination remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71
(1976). The court is charged with making a de novo determination of those portions of
the Report and Recommendation to which specific objections are made, and the court
may accept, reject, or modify, in whole or in part, the Magistrate Judge’s
recommendation or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1).
Plaintiff was advised of her right to file objections to the Report and
Recommendation. (Dkt. # 11 at 7). However, Plaintiff filed no objections to the Report
and Recommendation. In the absence of objections to the Magistrate Judge’s Report
and Recommendation, this court is not required to provide an explanation for adopting
See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
Rather, “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.’” Diamond v. Colonial Life & Acc.
Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory
After a thorough review of the Report and Recommendation and the record in
this case, the court adopts the Magistrate Judge’s Report and Recommendation (Dkt. #
11) and incorporates it herein. It is therefore ORDERED that the above-captioned case
is DISMISSED without prejudice and without issuance and service of process.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
Anderson, South Carolina
November 14, 2012