Adams v. Barranco et al

Filing 35

ORDER ADOPTING AND INCORPORATING REPORT AND RECOMMENDATIONS 31 of Magistrate Judge Robert S Carr and dismissing this action for lack of prosecution and failure to comply with the court's order to keep the court advised of his current mailing address. Signed by Honorable R Bryan Harwell on 9/25/2009. (ssan, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION Kevin Lakendrick Adams, Plaintiff, vs. Captain Charles Barraco, Director; and Cathy Brown, Medical Supervisor, Defendants ) ) ) ) ) ) ) ) ) ) ) C.A. No.: 2:09-1050-RBH ORDER

This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Robert S. Carr, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local 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 this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation 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. See 28 U.S.C. § 636(b)(1). The Plaintiff filed no objections to the Report and Recommendation. In fact, the Report was returned to the court marked "undeliverable". In the absence of objections to the Report and Recommendation of the Magistrate Judge, this court is not required to give any

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explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Carr's Report and Recommendation and incorporates it herein. It is therefore ORDERED that the Complaint is dismissed for lack of prosecution and failure to comply with the court's order to keep the court advised of his current mailing address. IT IS SO ORDERED.

s/ R. Bryan Harwell R. Bryan Harwell United States District Judge Florence, South Carolina September 25, 2009

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