-PJG Dalton v. Boone et al
ORDER RULING ON REPORT AND RECOMMENDATIONS incorporating 40 Report and Recommendations, dismissing action with prejudice for failure to prosecute. Signed by Honorable Joseph F Anderson, Jr on 4/21/2011. (jpet, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Thomas J. Dalton,
Sheriff Kenny Boone; Major J. Norris;
Captain J.W. Brunson; and Maria B.,
C/A No. 0:10-1589-JFA-PJG
The pro se plaintiff, Thomas J. Dalton, brings this action pursuant to 42 U.S.C. § 1983
alleging that his constitutional rights were violated.
The Magistrate Judge assigned to this action 1 has prepared a Report and
Recommendation and opines that this matter should be dismissed for lack of prosecution
under Rule 41(b) of the Federal Rules of Civil Procedure. The Report sets forth in detail the
relevant facts and standards of law on this matter, and the court incorporates such without
After the defendants filed a motion for summary judgment, the Magistrate Judge
issued a Roseboro order on January 20, 2011, advising the plaintiff of the importance of
responding to a motion for summary judgment. Roseboro v. Garrison, 528 D.2d 309 (4th
The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil
Rule 73.02. The Magistrate Judge makes only a recommendation to this court. The recommendation has
no presumptive weight, and the responsibility to make a final determination remains with the court. Mathews
v. Weber, 423 U.S. 261 (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 to the
Magistrate Judge with instructions. See 28 U.S.C. § 636(b)(1).
Cir. 1975). The plaintiff did not respond. The Magistrate Judge then issued an order on
March 1, 2011, directing the plaintiff to advise the court if he wished to continue with this
case. The plaintiff did not respond to the order.
The plaintiff was also advised of his right to file objections to the Report and
Recommendation, which was entered on the docket on March 22, 2011. However, the
plaintiff failed to file objections. In the absence of specific objections to the Report of the
Magistrate Judge, 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).
The Magistrate Judge has reviewed the matter and finds that plaintiff meets all of the
criteria for dismissal under Chandler Leasing Corp. v. Lopez, 669 F.2d 919 (4th Cir. 1982).
After carefully reviewing the applicable laws, the record in this case, and the Report
and Recommendation, this court finds the Magistrate Judge’s recommendation fairly and
accurately summarizes the facts and applies the correct principles of law. The Report is
incorporated herein by reference.
Accordingly, this action is dismissed with prejudice for failure to prosecute.
IT IS SO ORDERED.
April 21, 2011
Columbia, South Carolina
Joseph F. Anderson, Jr.
United States District Judge
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