Hewitt v. Clary et al

Filing 44

OPINION AND ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 40 Report and Recommendations, this action is dismissed with prejudice for lack of prosecution and for failure to comply with an order of the court; denying 21 Motion for Miscellaneous Relief filed by Steven Lee Hewitt, Sr, terminating as moot 32 Motion to Dismiss/Lack of Prosecution filed by Joseph Wilson, James Dyre, McKnight, Joanne Clary. Signed by Honorable Henry M Herlong, Jr on 6/14/2010. (jpet, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Steven Lee Hewitt, Sr., #20083825, Plaintiff, vs. Sgt. Joanne Clary; Officer McKnight; Officer Joseph Wilson; and Officer James Dyre, Defendants. ) ) ) ) ) ) ) ) ) ) ) C.A. No. 0:09-2122-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, 1 199 (4th Cir. 1983). The court 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). 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 for lack of prosecution and for failure to comply with an order of the court. It is further ORDERED that Plaintiff's motion for relief, docket number 21, is denied. It is further ORDERED that Defendants' motion to dismiss, docket number 32, is terminated as moot. IT IS SO ORDERED. s/Henry M. Herlong, Jr. Senior United States District Judge Greenville, South Carolina June 14, 2010 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. 2

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