McCants v. South Carolina Department of Probation, Parole, and Pardon Services et al

Filing 62

ORDER RULING ON REPORT AND RECOMMENDATION. The Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court that Plaintiff's motion to dismiss 54 is GRANTED and this case is DISMISSED without prejudice. All remaining pending motions are hereby deemed MOOT. 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
REGINALD DEVON MCCANTS,
Plaintiff,
vs.
SAMUEL B. GLOVER,
Defendant.

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§ CIVIL ACTION NO. 1:10-02285-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 Plaintiff’s motion to dismiss be granted and this case be dismissed
without prejudice. The Magistrate Judge further recommends that all remaining pending motions
be rendered moot if the Court accepts the Report. 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 Plaintiff’s motion to dismiss is GRANTED and this case is DISMISSED without
prejudice. All remaining pending motions are hereby deemed MOOT.
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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