Crosby v. Mays et al

Filing 46

ORDER RULING ON REPORT AND RECOMMENDATIONS 33 ,after a thorough review of the Report and Recommendation and the record in this case,the court adopts Magistrate Judge Gossetts Report and Recommendation and incorporates itherein. It is thereforeORDERED that this action is dismissed with prejudice in accordance with Rule 41(b)of the Federal Rules of Civil Procedure. 42 ,. Signed by Honorable Henry M Herlong, Jr on 12/31/08. (ahen, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Rainey Hope Crosby, #215620, Plaintiff, vs. Ervin Mays, Esquire (Solicitor) and Saluda County, Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 0:08-1776-HMH-PJG

OPINION AND ORDER

This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Paige J. Gossett, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. The magistrate judge makes only a recommendation to this court. The 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 objection is made, and the court may accept, reject, or modify, in whole or in part, the recommendation of the magistrate judge or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1) (2006). The 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 give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). 1

After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Gossett's Report and Recommendation and incorporates it herein. It is therefore ORDERED that this action is dismissed with prejudice in accordance with Rule 41(b) of the Federal Rules of Civil Procedure. IT IS SO ORDERED.

s/Henry M. Herlong, Jr. United States District Judge Greenville, South Carolina December 31, 2008

NOTICE OF RIGHT TO APPEAL The Plaintiff is hereby notified that he has the right to appeal this order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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