Eubanks v. Eubanks et al
OPINION AND ORDER adopting 34 Report and Recommendation. This case is DISMISSED WITH PREJUDICE for failure to prosecute. Signed by Honorable Donald C Coggins, Jr on 4/13/2018.(abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Holly Eubanks; South Carolina
Department of Social Services; and
Janice Chapman, individually and for
her actions as Lancaster County DSS )
C/A No. 0:17-54-DCC
OPINION AND ORDER
Plaintiff filed an action in the Court of Common Pleas for Lancaster County,
alleging causes of action for negligence, gross negligence, intentional infliction of
emotional distress, civil conspiracy, violation of his constitutional rights, malicious
prosecution, and abuse of process. See ECF No. 1-1 at 2–25. Defendants filed a Notice
of Removal. ECF No.1. Thereafter, Defendants filed Motions for Summary Judgment.
ECF No. 24, 29. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02
(D.S.C.), this matter was referred to a United States Magistrate Judge for pre-trial
handling. The Magistrate Judge issued a Report and Recommendation (“Report”) on
February 15, 2018, recommending that the Court dismiss this action with prejudice for
failure to prosecute. ECF No. 34. No party filed Objections to the Report and the time
for response has lapsed.
The Magistrate Judge makes only a recommendation to this Court.
recommendation has no presumptive weight, and the responsibility to make a final
determination remains with this Court. Mathews v. Weber, 423 U.S. 261, 270–71. The
Court is charged with making a de novo determination of only those portions of the Report
that have been specifically objected to, and the Court may accept, reject, or modify the
Report, in whole or in part. 28 U.S.C. § 636(b)(1). In the absence of specific objections,
the Court reviews the matter only for clear error. See Diamond v. Colonial Life & Accident
Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (“[I]n 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.’”
(quoting Fed. R. Civ. P. 72 advisory committee’s note to 1983 addition)).
Having reviewed the record, the applicable law, and the findings and
recommendations of the Magistrate Judge, the Court finds no clear error and adopts the
Report by reference in this Order.
Therefore, the case is DISMISSED WITH
IT IS SO ORDERED.
s/Donald C. Coggins, Jr.
United States District Judge
April 13, 2018
Spartanburg, South Carolina
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