White v. Lee et al

Filing 10

ORDER adopting and incorporating 7 Report and Recommendation and dismissing case without prejudice. If White wishes to file an amended complaint, he shall do so within fourteen days of thefiling of this Order. Signed by Honorable Mary Geiger Lewis on 5/24/2018. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
KYLER L. WHITE,
Plaintiff,
vs.
MAXINE LEE, LUCIOUS LARK, and
MICKEY BOLAND,
Defendant.

§
§
§
§ CIVIL ACTION NO. 1:18-936-MGL-SVH
§
§
§
§

ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THE ACTION WITHOUT PREJUDICE
AND WITHOUT ISSUANCE AND SERVICE OF PROCESS
Plaintiff Kyler L. White filed this as a 42 U.S.C. § 1983 action. He is proceeding pro se.
The matter is before the Court for review of the Report and Recommendation (Report) of the United
States Magistrate Judge suggesting the Court dismiss the lawsuit without prejudice and without
issuance and service of process. The Report was made in accordance with 28 U.S.C. § 636 and
Local Civil Rule 73.02 for the District of South Carolina.
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 April 16, 2018, but White 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 this Court the case is DISMISSED WITHOUT PREJUDICE.
If White wishes to file an amended complaint, he shall do so within fourteen days of the
filing of this Order.
IT IS SO ORDERED.
Signed this 24th day of May, 2018, in Columbia, South Carolina.

/s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE

*****
NOTICE OF RIGHT TO APPEAL
White is 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.

2