Lail et al v. United States of America, The et al

Filing 184

ORDER ADOPTING THE REPORT AND RECOMMENDATIONS, dismissing with prejudice plaintiffs Dan Green, Marguerite Stephens, and Ricky Stephens for lack of prosecution, 145 Report and Recommendation, 146 Report and Recommendatio n, Ricky Stephens, Dan Green and Marguerite Stephens terminated, Motions denied: 89 First MOTION to Stay filed by Doris E Holt, James B Spencer, 88 First MOTION for Entry of Judgment under Rule 54b filed by Doris E Holt, James B Spencer. Signed by Chief Judge Terry L Wooten on September 19, 2013. (kbos)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Rodney Lail; James B. Spencer; Irene
Santacroce; Ricky Stephens; Marguerite
Stephens; Estate of Doris E. Holt; Nicholas C.
Williamson; and Dan Green,

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)
)
)
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Plaintiffs,
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v.
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Horry County South Carolina; Johnny Morgan,
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Horry County Police Chief; John Does,
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Defendants.
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__________________________________________)

C/A No. 3:11-977-TLW-PJG

ORDER

This matter is now before the undersigned for review of two Reports and Recommendations
(“the Reports”) filed by United States Magistrate Judge Paige J. Gossett, 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
her first Report (Doc. # 145), Magistrate Judge Gossett recommends that this action be dismissed
with prejudice as to plaintiffs Dan Green, Marguerite Stephens, and Ricky Stephens for lack of
prosecution, failure to cooperate in discovery, and failure to comply with a court order. In her
second Report (Doc. # 146), Magistrate Judge Gossett recommends that the motions for a Rule 54(b)
entry of judgment (Doc. # 88) and motion for stay (Doc. # 89) filed by plaintiffs’ James B. Spencer
and the Estate of Doris E. Holt be denied. Both Reports were filed on August 9, 2013. No
objections have been filed to either 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. No objections

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have been filed to as to either Report.

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 Cir. 1983).
A review of the record indicates that both Reports accurately summarize this case and the
applicable law. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that
the Magistrate Judge’s Reports are ACCEPTED (Docs. # 145 & # 146).

This action is

DISMISSED with prejudice as to plaintiffs Dan Green, Marguerite Stephens, and Ricky Stephens
for lack of prosecution, failure to cooperate in discovery, and failure to comply with a court order.
Additionally, the motions for a Rule 54(b) entry of judgment (Doc. # 88) and motion for stay (Doc.
# 89) filed by plaintiffs’ James B. Spencer and the Estate of Doris E. Holt are DENIED.
IT IS SO ORDERED.

September 19, 2013
Florence, SC

s/ Terry L. Wooten
TERRY L. WOOTEN
CHIEF UNITED STATES DISTRICT JUDGE

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