Canty v. Resolute Forest Products et al

Filing 41

ORDER accepting 37 Report and Recommendation, mooting Defendants' 28 Motion for Summary Judgment, and dismissing the action with prejudice for failure to prosecute pursuant to Rule 41 (b). Signed by Honorable Mary Geiger Lewis on 6/20/2016. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Darrell Canty,
Plaintiff,
vs.
Resolute Forest Products, et al.,

Defendants.
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Civil Action No. 0:15-2438-MGL

ORDER

On June 17, 2015, Plaintiff Darrell Canty, (“Plaintiff”), proceeding pro se, brought this
civil action alleging wrongful termination. (ECF No. 1). The matter now comes before this Court
for review of the Report and Recommendation (“the Report”) filed by Magistrate Judge Shiva V.
Hodges, to whom this case had previously been assigned. In the Report, the Magistrate Judge
recommends that Plaintiff’s complaint be dismissed for failure to prosecute pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure and other cited authorities. (ECF No. 37). Objections to
the Report were due by June 13, 2016. Plaintiff filed no objections to the Report.
This Court is charged with conducting a de novo review of any portion of the Magistrate
Judge’s Report and Recommendation to which a specific objection is registered, and may accept,
reject, or modify, in whole or in part, the recommendations contained in that Report. 28 U.S.C. §
636. In the absence of objections to the Report and Recommendation 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 Court has carefully reviewed the Magistrate Judge’s Report and finds no error in the
Report. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the

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Magistrate Judge’s Report and Recommendation is ACCEPTED, (ECF No. 37), and this action
is DISMISSED with prejudice for failure to prosecute pursuant to Rule 41(b) and other cited
authorities. Additionally, in light of the foregoing, Defendants’ Motion for Summary Judgment,
(ECF No. 28), is properly terminated as MOOT.
IT IS SO ORDERED.

____s/Mary G. Lewis____
United States District Judge

June 20, 2016
Columbia, South Carolina

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NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within thirty days from the
date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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