Todack v. Hunt et al

Filing 34

ORDER ADOPTING THE REPORT AND RECOMMENDATION dismissing plaintiff's claim, for 29 Report and Recommendations. Signed by Honorable Terry L Wooten on November 5, 2008. (kbos)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION

David Wayne Todack,

) ) Plaintiff, ) ) vs. ) ) Sheriff Mike Hunt, et. al, ) ) Defendants. ) ____________________________________)

C.A. No. 3:08-89-TLW

O RD ER

The Plaintiff brought this pro se civil action against the Defendants under 42 U.S.C. § 1983. The Plaintiff's claims center around his allegedly wrongful arrest in Aiken County for criminal domestic violence. This matter is now before the undersigned for review of the Report and Recommendation ("the Report") filed October 1, 2008, by United States Magistrate Judge Joseph McCrorey, to whom this case had previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). In his Report, Magistrate Judge McCrorey recommends that the Plaintiff's complaint be dismissed with prejudice for lack of prosecution. Plaintiff has not objected to the Report. 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. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this Court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th

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Cir. 1983). In light of this standard, the Court has carefully reviewed the Report and has concluded that the Report accurately summarizes this case and the applicable law. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge's Report is ACCEPTED (Doc. # 29), and Plaintiff's claim is dismissed. IT IS SO ORDERED. S/ Terry L. Wooten TERRY L. WOOTEN UNITED STATES DISTRICT JUDGE

November 5, 2008 Florence, South Carolina

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