Plumer v. Miller et al
ORDER adopting 28 Report and Recommendation of Magistrate Judge Mary Gordon Baker; denying as moot 22 Motion for Summary Judgment. The Court DISMISSES this case with prejudice pursuant to Federal Rule of Civil Procedure 41(b). Signed by Honorable R Bryan Harwell on 8/15/2017.(ssam, )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Ontavious D. Plumer,
Nurse Donna Miller, sued in her individual )
and official capacities; and Southern Health )
Partners, sued in their official capacities,
Civil Action No.: 2:17-cv-00026-RBH
Plaintiff Ontavious D. Plumer, a state prisoner proceeding pro se, filed this action pursuant to
42 U.S.C. § 1983 against the above-captioned Defendants. The matter is before the Court for review
of the Report and Recommendation (R & R) of United States Magistrate Judge Mary Gordon Baker,
made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2) (D.S.C.). See R
& R [ECF No. 28]. The Magistrate Judge recommends that the Court dismiss this case with prejudice
pursuant to Federal Rule of Civil Procedure 41(b) for lack of prosecution and for failure to comply with
court orders. R & R at 1.
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 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 R & R 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).
No parties have filed objections to the R & R, and the time for doing so has expired.1 In the
absence of objections to the R & R, the Court is not required to give any explanation for adopting the
Magistrate Judge’s recommendations. See Camby v. Davis, 718 F.2d 198, 199-200 (4th Cir. 1983).
The Court reviews only for clear error in the absence of an objection. See Diamond v. Colonial Life &
Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that “in the absence of a timely filed objection,
a district court need not conduct 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’” (quoting Fed. R. Civ. P.
72 advisory committee’s note)).
After a thorough review of the record in this case, the Court finds no clear error and hereby
adopts and incorporates by reference the R & R [ECF No. 28] of the Magistrate Judge. Accordingly,
the Court DISMISSES this case with prejudice pursuant to Federal Rule of Civil Procedure 41(b). The
Court DENIES AS MOOT Defendants’ motion for summary judgment [ECF No. 22].
IT IS SO ORDERED.
Florence, South Carolina
August 15, 2017
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Plaintiff’s objections were due by July 31, 2017. See ECF No. 28.
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