McClam v. NLN et al

Filing 16

ORDER RULING ON REPORT AND RECOMMENDATION. Court accepts 11 Report and Recommendation. The case is dismissed without prejudice. Signed by Honorable Terry L Wooten on 9/10/08. (swel, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Leo McClam, Plaintiff, vs. ) ) ) ) ) Defendants. ) ____________________________________) Mr. Mathew NLN, et al; Ms. Linda NLN; Mr. Walton NLN; CCC Officer Mr. NFN Gant; CCC Officer Mr. NFN Quailen, ) ) ) ) Civil Action No.: 3:08-1081-TLW ORDER Plaintiff, Leo McClam, ("plaintiff") brought this action seeking relief pursuant to Title 42 United States Code Section 1983. (Doc. #1). This matter now comes before this Court for review of the Report and Recommendation ("the Report") filed by United States Magistrate Judge Joseph R. McCrorey, to whom this case had previously been assigned. (Doc. #11). In the Report, Magistrate Judge McCrorey recommends that the District Court summarily dismiss the case without prejudice due to plaintiff's failure to comply with this Court's Order and failure to prosecute this case. (Doc. #11). Objections to the Report were due June 23, 2008. The plaintiff filed no objections to the Report. This Court is charged with conducting a de novo review of any portion of the Magistrate Judge's Report and Recommendation 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. 1 Davis, 718 F.2d 198, 199 (4th Cir. 1983). The Court has carefully reviewed the Magistrate Judge's Report and Recommendation. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge's Report and Recommendation is ACCEPTED (Doc. #11) and the case is dismissed without prejudice. IT IS SO ORDERED. S/Terry L. Wooten Terry L. Wooten United States District Judge September 10, 2008 Florence, South Carolina 2

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