Muhammad v. Aiken Public Safety et al
ORDER adopting 15 Report and Recommendation and dismissing case without prejudice under under Fed. R. Civ. P. 41 for failure to prosecute. Signed by Honorable Mary Geiger Lewis on 4/11/2018. (mwal)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
HONORABLE JAMES MUHAMMAD,
AIKEN PUBLIC SAFETY; AIKEN
SHERIFF’S DEPT.; AIKEN DETENTION
CENTER; JUST CARE; SOCIAL SECURITY §
PAYMENT CENTER; and DOCTOR C-L,
CIVIL ACTION 1:18-0253-MGL
ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THIS ACTION WITHOUT PREJUDICE
FOR FAILURE TO PROSECUTE
Plaintiff Honorable James Muhammad, who is proceeding pro se, filed this case under 42
U.S.C. § 1983. The matter is before the Court for review of the Report and Recommendation
(Report) of the United States Magistrate Judge suggesting this action be dismissed without prejudice
under Rule 41 of the Federal Rules of Civil Procedure for failure to prosecute. The Report was
made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South
The Magistrate Judge makes only a recommendation to this Court. The recommendation has
no presumptive weight. The responsibility to make a final determination remains with the Court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report to which specific objection is made, and the Court may
accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or
recommit the matter with instructions. 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed the Report on March 23, 2018, but Muhammad failed to file any
objections. “[I]n 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). Moreover, a failure to
object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard set
forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment
of the Court this action is DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41 for
failure to prosecute.
IT IS SO ORDERED.
Signed this 11th day of April, 2018, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within thirty days from the
date of this Order pursuant to the Federal Rules of Appellate Procedure.
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