Atkins v. Andrews et al

Filing 11

ORDER adopting the #7 Report and Recommendation, dismissing Plaintiff's #1 complaint without prejudice and without issuance and service of process. Signed by Chief Judge R. Bryan Harwell on 1/5/2021. (lbak)

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0:20-cv-03953-RBH Date Filed 01/06/21 Entry Number 11 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Sinclair Atkins, ) ) Plaintiff, ) ) v. ) ) Heather Andrews, Director Alston Wilkes ) Society; and Laurie Brazell, Executive ) Assistant Alston Wilkes Society, ) ) Defendants. ) ____________________________________) Civil Action No.: 0:20-cv-03953-RBH ORDER This matter is before the Court for review of the Report and Recommendation (“R & R”) of United States Magistrate Judge Paige J. Gossett, who recommends summarily dismissing Plaintiff’s complaint without prejudice for lack of subject matter jurisdiction.1 See ECF No. 7. 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 this Court. See Mathews v. Weber, 423 U.S. 261, 270–71 (1976). The Court is charged with making a de novo determination of those portions of the R & R 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 with instructions. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Plaintiff has not filed objections to the R & R, and the time for doing so has expired.2 In the absence of objections to the R & R, the Court is not required to give any explanation for adopting the Magistrate Judge’s recommendations. See Camby v. Davis, 718 F.2d 198, 199–200 (4th Cir. 1983). 1 The Magistrate Judge issued the R & R in accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.). 2 Plaintiff’s objections were due by December 21, 2020. See ECF Nos. 7 & 9. 0:20-cv-03953-RBH Date Filed 01/06/21 Entry Number 11 Page 2 of 2 The Court reviews only for clear error in the absence of an objection. See Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that “in the absence of a timely filed objection, a district court need not conduct 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)). Having found no clear error, the Court ADOPTS the Magistrate Judge’s R & R [ECF No. 7] and DISMISSES Plaintiff’s complaint without prejudice and without issuance and service of process. IT IS SO ORDERED. Florence, South Carolina January 5, 2021 s/ R. Bryan Harwell R. Bryan Harwell Chief United States District Judge 2

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