Glass v. Hill et al

Filing 51

ORDER adopting the 30 Report and Recommendation and dismissing Defendant Cunningham with prejudice for failure to prosecute. Signed by Honorable Sherri A. Lydon on 1/29/2021. (lbak)

1:20-cv-01972-SAL-SVH

Date Filed 01/29/21

Entry Number 51

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Walter Glass,

Case No. 1:20-cv-1972-SAL-SVH
Plaintiff,

v.
ORDER
Jasmine Hill; Cunningham; Tyatta Davis; and
Wali Khan,
Defendants.

This matter is before the Court for review of the October 9, 2020 Report and

Recommendation (“Report”) of United States Magistrate Judge Shiva V. Hodges, made in
accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.). [ECF No. 30]. In
the Report, the Magistrate Judge recommends Defendant Cunningham be dismissed with prejudice
for failure to prosecute. [ECF No. 30 p.2]. No party filed objections to this Report, and the time
to do so has passed. See [ECF No. 30].
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 this
Court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The Court is charged with making
a de novo determination of only those portions of the Report that have been specifically objected
to, and the Court may accept, reject, or modify the Report, in whole or in part. 28 U.S.C. §
636(b)(1). In the absence of objections, the Court is not required to provide an explanation for
adopting the Report and 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) (citing Fed. R. Civ. P. 72 advisory committee’s note).

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1:20-cv-01972-SAL-SVH

Date Filed 01/29/21

Entry Number 51

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After a thorough review of the Report, the applicable law, and the record of this case in
accordance with the above standard, the Court finds no clear error, adopts the Report, and
incorporates the Report by reference herein. Accordingly, Defendant Cunningham is DISMISSED
with prejudice. Motions are referred to United States Magistrate Judge Shiva V. Hodges for further
proceedings.
IT IS SO ORDERED.
/s/Sherri A. Lydon
Sherri A. Lydon
United States District Judge

January 29, 2021
Florence, South Carolina

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