Clemons v. Southern Insurance Company of Virginia et al

Filing 58

ORDER ADOPTING THE REPORT AND RECOMMENDATIONS for 51 Report and Recommendations, all claims brought be plaintiff, Clemons are dismissed with prejudice. Signed by Honorable Terry L Wooten on 7/25/2012. (ydav, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Bobby Wayne Clemons, Jr., individually and ) as natural father of B.C., a minor, Charles ) Belk, individually and as natural father of ) K.B., a minor, ) ) Plaintiffs, ) ) vs. ) ) Southern Insurance Company of Virginia, ) Progressive Max Insurance Company, and ) Allstate Indemnity Company. ) ) Defendants. ) _______________________________ Civil Action No. 1:11-1798-TLW-SVH ORDER On July 25, 2011, this insurance policy action was removed to this Court. (Doc. # 1). On January 1, 2012, the matter was assigned for pre-trial management to Magistrate Judge Shiva V. Hodges. (Doc. # 25). The matter now comes before this Court for review of a Report and Recommendation (“the Report”) filed by Magistrate Judge Hodges. In the Report, the Magistrate Judge recommends that all claims brought by Plaintiff Bobby Wayne Clemons (“Plaintiff Clemons”) in this litigation be dismissed with prejudice for failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. (Doc. # 51). Objections were due by July 12, 2012. Plaintiff Clemons has filed no objections to the Report. Nor did Plaintiff Clemons respond in any fashion to the May 7, 2012 and June 11, 2012 Orders of the Magistrate Judge. (Docs. # 41 and # 47). This Court is charged with conducting a de novo review of any portion of the Magistrate Judge’s Report and Recommendation to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that Report. 28 U.S.C. § 636. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this Court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). The Court has carefully reviewed the Magistrate Judge’s Report and Recommendation. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge’s Report and Recommendation is ACCEPTED. (Doc. # 51). All claims brought by Plaintiff Clemons in this litigation are hereby DISMISSED with prejudice. IT IS SO ORDERED. ____s/Terry L. Wooten____ United States District Judge July 25, 2012 Florence, South Carolina

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