Patterson v. SCANA Corporation et al

Filing 33

ORDER AND OPINION RULING ON REPORT AND RECOMMENDATION adopting 29 Report and Recommendation, granting 22 Motion to Dismiss and dismissing the plaintiff's amended complaint with prejudice for failure to prosecute. Signed by Honorable J Michelle Childs on 9/23/2014. (asni, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION Corey A. Patterson Sr., ) ) Plaintiff, ) ) v. ) ) SCANA Corporation, d/b/a SCANA ) Energy Georgia (SEGA) Aiken ) Contact Center, ) ) Defendants. ) ____________________________________) Civil Action No. 1:14-cv-00717-JMC ORDER Plaintiff, proceeding pro se, brought this action alleging employment discrimination and retaliation. This matter is before the court for review of the magistrate judge's Report and Recommendation (“Report”) (ECF No. 29), filed on June 20, 2014, recommending that Plaintiff’s Motion to Amend Complaint (ECF No. 13) be dismissed with prejudice for failure to prosecute. See Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Fed. R. Civ. P. 41(b). The Report sets forth in detail the relevant facts and legal standards on this matter which the court incorporates herein without a recitation. The magistrate judge’s Report is made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. “The Court is not bound by the recommendation of the magistrate judge but, instead, retains responsibility for the final determination.” Wallace v. Hous. Auth., 791 F. Supp. 137, 138 (D.S.C. 1992) (citing Matthews v. Weber, 423 U.S. 261, 271 (1976)). The court is charged with making a de novo determination of those portions of the Report to which specific objections are made, and the court may accept, reject, or modify, in whole or in 1 part, the magistrate judge’s recommendation or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1). The Parties were advised of their right to file objections to the Report. (ECF No. 29 at 3.) However, no objections have been filed to the Report. In the absence of objections to the magistrate judge’s Report, this court is not required to provide an explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “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.’” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). Furthermore, failure to file specific written objections to the Report results in a party’s waiver of the right to appeal from the judgment of the District Court based upon such recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984). Therefore, after a thorough and careful review of the Report and the record in this case, the court finds the Report provides an accurate summary of the facts and law and the record in this case. The court ADOPTS the magistrate judge’s Report (ECF No. 29). It is therefore ORDERED that Plaintiff’s Motion to Amend Complaint (ECF No. 13) is DISMISSED with prejudice for failure to prosecute. It is further ORDERED that Defendants’ Motion to Dismiss (ECF No. 22) is GRANTED. IT IS SO ORDERED. 2 United States District Judge September 23, 2014 Columbia, South Carolina 3

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