Surdak et al v. Black et al

Filing 16

ORDER adopting the 11 Report and Recommendation and dismissing the Complaint without prejudice and without issuance and service of process. Signed by Honorable Timothy M. Cain on 6/8/2017. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Donald Robert Surdak, also known as
Donald R. Surdak, Jr.,
Plaintiff,
vs.
Gerald Black; Tilie Kilgore;
Chad McBride; Gary M. Bryant; and
Arlette Jones,
Defendants.

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Civil Action No. 0:17-796-TMC

ORDER

Plaintiff, 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 Plaintiff’s complaint be dismissed without
prejudice and without issuance and service of process. (ECF No. 11). Plaintiff was advised of
his right to file objections to the Report. (ECF No. 11 at 5). The Report was mailed to the
Plaintiff at his last known address on May 16, 2017. (ECF No. 12). Plaintiff filed no 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 Report and the record in this case, the court adopts the
magistrate judge's Report (ECF No. 11) and incorporates it herein. It is therefore ORDERED
that Plaintiff’s Complaint is DISMISSED without prejudice and without issuance and service of
process. The Clerk of Court shall mail a copy of this order to the Plaintiff at his last known
address provided to the court.
IT IS SO ORDERED.
s/Timothy M. Cain
Timothy M. Cain
United States District Judge
June 8, 2017
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.