Maybin v. Spartanburg County Sheriffs Dept. et al

Filing 107

ORDER adopting the 103 Report and Recommendation and dismissing the action with prejudice for failure to prosecute as to defendants Deputy Robert Morrison, Deputy Derrick McBryer, Cpl. Shannon Greene, Phillip Martin, Jason L ong, Brad James, and Natalie Smith. IT IS FURTHER ORDERED that the Defendants' pending motions for summary judgment 78 , 82 , 86 , 89 , and 93 are terminated as moot. Signed by Honorable Timothy M. Cain on 6/3/2016. (bgoo) Modified to edit text on 6/3/2016. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Larry Percell Maybin,
Plaintiff,
vs.
Deputy Robert Morrison, Deputy Derrick
McBryer, Cpl. Shannon Greene, Phillip
Martin, Jason Long, Brad James, and
Natalie Smith,
Defendants.

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C/A No. 0:14-4853-TMC

ORDER

Plaintiff Larry Percell Maybin, proceeding pro se, filed this action pursuant to 42 U.S.C.
§ 1983. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter
was referred to a magistrate judge for pretrial handling. Before the court is the magistrate judge’s
Report and Recommendation (“Report”), recommending that the action be dismissed for failure
to prosecute and that all pending motions be terminated. (ECF No. 103). Plaintiff was advised
of his right to file objections to the Report. (ECF No. 103 at 3). However, Plaintiff has not filed
any objections to the Report, and the time to do so has now run.
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
adopting the Report. 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 committee’s note).
After a thorough review of the record in this case, the court adopts the Report (ECF No.
103) and incorporates it herein. Accordingly, this action is DISMISSED with prejudice for
failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b) and the factors outlined in
Chandler Leasing Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir. 1982). See Ballard v. Carlson, 882
F.2d 93 (4th Cir. 1989). Further, Defendants’ pending motions for summary judgment (ECF
Nos. 78, 82, 86, 89, and 93) are TERMINATED as moot.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
June 3, 2016
Anderson, South Carolina

NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4
of the Federal Rules of Appellate Procedure.