Shippy v. Cherokee County Detention Center et al

Filing 66

ORDER RULING ON REPORT AND RECOMMENDATION incorporating 62 Report and Recommendation, dismissing this action with prejudice for failure to prosecute under Rule 41(b) and any outstanding motions are deemed moot. Signed by Honorable Joseph F Anderson, Jr on 1/31/2014. (jpet, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Shondreka Jacole Shippy,
Plaintiff,
vs.
Sgt. Blackwell; Captain Anderson; Nurse
Margaret; Corporal Waters; Officer Price;
Nurse Roanna,
Defendants.
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C/A No. 0:13-1077-JFA-PJG

ORDER

The pro se plaintiff, Shondreka Shippy, brings this action pursuant to 42 U.S.C.
§ 1983 alleging constitutional violations by the defendants.
The Magistrate Judge assigned to this action1 has prepared a Report and
Recommendation wherein she suggests that this action should be dismissed for lack of
prosecution pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. In addition, the
Magistrate Judge has considered the Fourth Circuit’s four-prong test2 in determining her
recommendation that the action should be dismissed. The Report sets forth in detail the

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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 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. 28 U.S.C. § 636(b)(1).
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Davis v. Williams, 588 F.2d 69 (4th Cir. 1978); see also Ballard v. Carlson, 882 F.2d 93 (4th Cir.
1989); and Chandler Leasing Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir. 1982).

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relevant facts and standards of law on this matter, and the court incorporates such without
a recitation.
The plaintiff was further advised of his right to file objections to the Report filed on
December 19, 2013. However, the plaintiff did not file any objections to the Report within
the time limits prescribed. In addition, the copy of the Report mailed to the plaintiff was
returned to the Clerk by the United States Postal Service marked “Return to Sender,
Released.” It appears that plaintiff has abandoned his lawsuit.
After a careful review of the record, the applicable law, and the Report and
Recommendation, the court finds the Magistrate Judge’s recommendation proper and
incorporated herein by reference. Accordingly, this action is dismissed with prejudice for
failure to prosecute under Rule 41(b) and any outstanding motions are deemed moot.
IT IS SO ORDERED.

Joseph F. Anderson, Jr.
United States District Judge

January 31, 2014
Columbia, South Carolina

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