Glenn v. Shea
ORDER adopting 12 Report and Recommendation and dismissing case without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 1/4/2017. (mwal)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Andrew Leroy Washington Glenn,
C/A. No. 1:16-3410-CMC-SVH
Opinion and Order
This matter is before the court on Plaintiff’s pro se complaint dated September 29, 2016.
ECF No. 1.
In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(e), 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 13, 2016, the Magistrate Judge
issued a Report recommending that this matter be dismissed. ECF No. 12. 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 filed no objections within the time for
doing so, and his copy of the Report was not returned to the court.
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 Matthews 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 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 without prejudice.
Accordingly, the court adopts and
incorporates the Report and Recommendation by reference in this Order.
This matter is
dismissed without prejudice and without issuance and service of process.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
Senior United States District Judge
Columbia, South Carolina
January 4, 2017
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