Thigpen v. Major et al

Filing 43

ORDER RULING ON REPORT AND RECOMMENDATION. The Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court that this action is DISMISSED with prejudice in accordance with Federal Rule of Civil Procedure 41(b). Signed by Honorable Henry F Floyd on 5/26/2011. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
PRESSLEY C. THIGPEN,
Plaintiff,
vs.
SIMON MAJOR and D. SCOTT COOK,
Defendants.

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§ CIVIL ACTION NO. 1:10-01947-HFF-SVH
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ORDER

This case was filed as a 42 U.S.C. § 1983 action. Plaintiff is proceeding pro se. The matter
is before the Court for review of the Report and Recommendation (Report) of the United States
Magistrate Judge suggesting that this action be dismissed with prejudice in accordance with Federal
Rule of Civil Procedure 41(b). The Report was made in accordance with 28 U.S.C. § 636 and Local
Civil Rule 73.02 for the District of South Carolina.
The Magistrate Judge makes only a recommendation to this Court. The recommendation has
no presumptive weight. The responsibility to make a final determination remains with the Court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report 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. 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed the Report on May 2, 2011, but Plaintiff failed to file any
objections to the Report. In the absence of such objections, the Court is not required to give any

explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th
Cir. 1985).*
After a thorough review of the Report and the record in this case pursuant to the standard set
forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment
of the Court that this action is DISMISSED with prejudice in accordance with Federal Rule of Civil
Procedure 41(b).
IT IS SO ORDERED.
Signed this 26th day of May, 2011, in Spartanburg, South Carolina.
s/ Henry F. Floyd
HENRY F. FLOYD
UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within 30 days from the date
hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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The Court notes that Plaintiff is likely unaware of the Magistrate Judge’s Report
because it appears that mail from the Court to Plaintiff has been returned as undeliverable. In
light of the present posture of the case, however, and the fact that Plaintiff has failed to keep the
Court apprised of his current mailing address, despite being ordered to do so, the Court has no
option but to dismiss the action.
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