Strickland v. WCIV ABC News 4 Charleston et al
Filing
17
ORDER adopting 12 Report and Recommendation, dismissing the complaint without prejudice. Signed by Honorable Mary Geiger Lewis on 4/26/2018. (cbru, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
CALE MARCUS STRICKLAND,
Plaintiff,
vs.
WCIV ABC NEWS 4 CHARLESTON,
KATHY HOBBS, and MARY MARGARET,
Defendants.
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Civil Action No. 2:17-3259-MGL-KFM
ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THE COMPLAINT WITHOUT PREJUDICE
Plaintiff filed this case as an action arising under 42 U.S.C. § 1983. Plaintiff is proceeding
pro se. The matter is before the Court for review of the Report and Recommendation (Report) of
the United States Magistrate Judge suggesting this action be dismissed without prejudice for lack
of jurisdiction. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil 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 the
Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report 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. 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed the Report on March 6, 2018, ECF No. 12, but Plaintiff failed
to file any objections to the Report. “[I]n 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 advisory committee’s
note). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841,
845-46 (4th Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard
set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the
judgment of the Court this action is DISMISSED WITHOUT PREJUDICE for lack of
jurisdiction.
IT IS SO ORDERED.
Signed this 26th day of April 2018 in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
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NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within thirty days from the
date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.
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