Lyons v. Orangeburg County Detention Center et al
Filing
63
ORDER ADOPTING 59 REPORT AND RECOMMENDATION, dismissing this matter with prejudice for failure to prosecute pursuant to Rule 41(b). Signed by Honorable Cameron McGowan Currie on 1/10/2012. (ttil, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Joseph Michael Lyons, Jr., #310283,
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Plaintiff,
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v.
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Mr. Bamberg, Mrs. Dozier; Sgt. Woods;
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Deputy Bonepart; Captain Govan; Officer )
Jones; and Officer Janet Williams,
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Defendants.
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___________________________________ )
C/A NO. 1:11-733-CMC-SVH
OPINION and ORDER
This matter is before the court on Plaintiff=s pro se complaint, filed in this court pursuant
to 42 U.S.C. ' 1983.
In accordance with 28 U.S.C. ' 636(b) and Local Civil Rule 73.02 (B)(2)(d), DSC, this
matter was referred to United States Magistrate Judge Shiva V. Hodges for pre-trial proceedings
and a Report and Recommendation ("Report"). On December 14, 2011, the Magistrate Judge
issued a Report recommending that this matter be dismissed with prejudice due to Plaintiff=s
failure to prosecute this action. The Magistrate Judge advised Plaintiff of the procedures and
requirements for filing objections to the Report and the serious consequences if he failed to do
so. Plaintiff has filed no objections and the time for doing so has expired.
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 the
court. See Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo
determination of any portion of the Report of the Magistrate Judge to which a specific objection
is made. The court may accept, reject, or modify, in whole or in part, the recommendation made
by the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See
28 U.S.C. ' 636(b). The court reviews the Report only for clear error in the absence of
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an objection. See Diamond v. Colonial Life & Accident 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 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.") (citation
omitted).
After reviewing the record of this matter, the applicable law, and the Report and
Recommendation of the Magistrate Judge, the court agrees with the conclusion of the Report that
this matter should be dismissed with prejudice for failure to prosecute pursuant to Rule 41(b).
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON McGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
January 10, 2012
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