Hinton v. Moore

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATIONS 26 of Magistrate Judge Robert S Carr, and dismissing this action for failure to prosecute under Rule 41(b). Signed by Honorable Joseph F Anderson, Jr on 3/12/2009. (ssan, )

U N I T E D STATES DISTRICT COURT D IS T R IC T OF SOUTH CAROLINA

F re d d ie Ray Hinton, Jr., P l a in tif f , vs. M .D . T. Moore, D e f e n d a n t. _ _ _ _ _ _ ____________________________ _ _ _ _ _ _

) C/A No. 2:08-3105-JFA-RSC ) ) ) ) ORDER ) ) ) ) )

T h e pro se plaintiff, Freddie Ray Hinton, Jr., brings this action pursuant to 42 U.S.C. § 1983. The Magistrate Judge assigned to this action 1 has prepared a Report and

R e c o m m e n d a tio n wherein he suggests that this court should dismiss the action for lack of p ro se c u tio n pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The Report sets fo rth in detail the relevant facts and standards of law on this matter, and the court in c o rp o ra te s such without a recitation. The plaintiff was advised of his right to file objections to the Report and R e c o m m e n d a tio n , which was entered on the docket on February 18, 2009. However, the p l a in t if f did not file any objections to the Report within the time limits prescribed. In

The Magistrate Judge's review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02. 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. Mathews v. Weber, 423 U.S. 261 (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 to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1).

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a d d it i o n , the plaintiff did not respond to the defendants' motion for summary judgment 2 d e sp ite the court advising him, in two separate orders, of the importance to do so. A f te r a careful review of the record, the applicable law, and the Report and R e c o m m e n d a tio n , the court finds the Magistrate Judge's recommendation proper and in c o r p o ra ted herein by reference. Accordingly, this action is dismissed for failure to p rose cu te under Rule 41(b). IT IS SO ORDERED.

M a rc h 12, 2009 C o lu m b ia , South Carolina

J o s e p h F. Anderson, Jr. U n ite d States District Judge

An order was issued pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975) notifying petitioner of the summary dismissal procedure and possible consequences if he failed to adequately respond to the motion for summary judgment. Plaintiff did not respond to the motion.

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