Edwards v. Georgetown Times
Filing
23
ORDER adopting 15 Report and Recommendation that this action is DISMISSED without prejudice and without issuance and service of process. Signed by Honorable Bruce Howe Hendricks on 9/24/14. (kmca)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Willie James Edwards, Jr.,
Plaintiff,
vs.
Georgetown Times,
Defendant.
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Civil Action No.: 2:14-2658-BHH
ORDER AND OPINION
Plaintiff Willie James Edwards, Jr. (“Plaintiff”), a pretrial detainee at the Georgetown
County Detention Center in Georgetown, South Carolina, proceeding pro se and in forma
pauperis, filed this action pursuant to 42 U.S.C. § 1983. This matter is before the court for
review of the Report and Recommendation of United States Magistrate Judge Jacquelyn
D. Austin made in accordance with 28 U.S.C. § 636(b) and Local Rule 73.02 for the District
of South. On August 7, 2014, the Magistrate Judge issued a Report and Recommendation
recommending that this case be dismissed without prejudice and without issuance and
service of process. (ECF No. 15.)
The Magistrate Judge makes only a recommendation to this Court.
recommendation has no presumptive weight.
The
The responsibility to make a final
determination remains with this Court. See Mathews v. Weber, 423 U.S. 261, 270-71
(1976). The court may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1). The Court may
also receive further evidence or recommit the matter to the Magistrate Judge with
instructions. Id. The Court is charged with making a de novo determination of those
portions of the Report and Recommendation to which specific objections are made.
Plaintiff was advised of his right to file objections to the Report and
Recommendation. (ECF No. 15 at 7.) Plaintiff filed a motion for extension of time, and
was granted an extension of time to file objections in a text order. (ECF Nos. 17, 19.) On
August 19, 2014, Plaintiff's copy of the text order granting his extension fo time was mailed
to his last known address. On September 2, 2014, the envelope containing Plaintiff's copy
of the August 19, 2014, text order was returned to the Clerk of Court, marked "Return to
Sender, Not Deliverable as Addressed, Unable to Forward." (ECF No. 21.) Plaintiff was
advised by order filed July 15, 2014 (ECF No. 9), of his responsibility to notify the Court in
writing if his address changed. Plaintiff was also informed that his case could be dismissed
for failing to comply with the Court's order. (ECF No. 9 at 2-3.)
Plaintiff filed no objections and the time for doing so expired on September 19,
2014. In the absence objections to the Magistrate Judge’s Report and Recommendation,
this Court is not required to provide an explanation for adopting the recommendation. See
Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in 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 and advisory committee’s note).
Here, because no objections have been filed, the Court has reviewed the Magistrate
Judge's findings and recommendations for clear error. Finding none, the Court agrees with
the Magistrate Judge that the Plaintiff's claims against Defendants are subject to summary
dismissal. Accordingly, the Report and Recommendation is adopted and incorporated
herein by reference and this action is DISMISSED without prejudice and without issuance
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and service of process.
IT IS SO ORDERED.
s/Bruce Howe Hendricks
United States District Judge
September 24, 2014
Greenville, South Carolina
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