Smith v. Greenwood County Detention Center
Filing
27
ORDER ADOPTING 19 REPORT AND RECOMMENDATION. The defendant, Greenwood County Detention Center, is dismissed without prejudice and without issuance and service of process. Signed by Honorable Timothy M Cain on 6/9/2014. (abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Wayne Michael Smith,
Plaintiff,
vs.
Greenwood County Detention Center;
Linda Middleton, Captain; and
Tony Davis, Sheriff,
Defendants.
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Civil Action No. 1:14-1113-TMC-SVH
ORDER
Plaintiff, proceeding pro se and in forma pauperis, filed this action pursuant to 42 U.S.C.
§ 1983. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter
was referred to a magistrate judge for pretrial handling. Before the court is the magistrate judge’s
Report and Recommendation (“Report”), recommending that the defendant, Greenwood County
Detention Center, be dismissed without prejudice and without issuance and service of process.
(ECF No. 19). Although advised of his right to do so, Plaintiff has not objected to the Report and
the time to do so has now run.
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
adopting the Report. 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).
After a thorough review of the Report and the record in this case, the court adopts the
Report (ECF No. 19) and incorporates it herein. Therefore, the defendant, Greenwood County
Detention Center, is DISMISSED without prejudice and without issuance and service of
process.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
June 9, 2014
Anderson, South Carolina
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4
of the Federal Rules of Appellate Procedure.
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