Pennick et al v. Wells Fargo Bank NA et al

Filing 41

ORDER RULING ON 37 REPORT AND RECOMMENDATION adopting the R&R as the order of this Court and dismissing this action without prejudice Signed by Honorable Richard M Gergel on 9/24/2014. (sshe, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Brian W. Pennick; Christine L. Pennick,
Plaintiff,
vs.
Wells Fargo Bank, N.A., et ai.,
Defendant.

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Civil Action No. 2: 14-144-RMG

ORDER

This matter comes before the Court on a Report and Recommendation ("R & R") from
the Magistrate Judge recommending that this action be dismissed without prejudice because of a
failure to prosecute. (Dkt. No. 37). Plaintiffs were advised that any written objections to the R
& R must be made within 14 days of the service of the R & R. (Id at 3). Plaintiffs were further

advised that in the absence of timely written objections this Court would provide limited "clear
error" review and Plaintiffs would waive their right to appeal the judgment of the District Court.
(Id.). No timely written objections were made.

The Court has reviewed the R & R, the full administrative record in this matter and the
relevant legal authorities. The Court finds that the Magistrate Judge ably and properly
summarized the factual and legal issues and appropriately recommended that the action should be
dismissed for lack of prosecution. Therefore, the Court adopts the R & R as the order of this
Court and hereby dismisses this action without prejudice.

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AND IT IS SO ORDERED.

Richard Mark

Charleston, South Carolina
September'l..~ 2014

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