Brooks v. Ollie et al

Filing 19

ORDER RULING ON 16 REPORT AND RECOMMENDATION It is hereby ordered that this action is dismissed without prejudice in accordance with Fed.R.Civ.P.41. Signed by Honorable Patrick Michael Duffy on 01/12/2017. (egra, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Altony Brooks, Plaintiff, vs. Robert Ollie, Judge J. Platt, et al, Defendants. ) C.A. #2:16-1904-PMD ) ) ) ) ) ORDER ) ) ) ) ) This matter is before the court upon the magistrate judge's recommendation that the within action be dismissed. Because plaintiff is pro se, this matter was referred to the magistrate judge.1 This Court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1). However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend for the district court to review the factual and legal conclusions of the magistrate judge. Thomas v Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984). No objections have been filed to the magistrate judge's report. A review of the record indicates that the magistrate judge's report accurately summarizes this 1 Pursuant to the provisions of Title 28 United States Code, § 636(b)(1)(B), and Local Rule 73.02(B)(2)(d), D.S.C., the magistrate judge is authorized to review all pretrial matters in cases filed under Title 42 United States Code, § 1983, and submit findings and recommendations to this Court. case and the applicable law. Finding no error in the report, this court adopts the report and recommendation and incorporates it into this order. For the reasons articulated by the magistrate judge, it is hereby ordered that the within action is dismissed without prejudice in accordance with Fed.R.Civ.P. 41. AND IT IS SO ORDERED. January 12, 2017 Charleston, South Carolina 2

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