Thomas v. Richland County School District II

Filing 60

ORDER adopting 56 Report and Recommendation. This action is dismissed without prejudice pursuant to Rule 25(a) of the Federal Rules of Civil Procedure. Signed by Honorable Joseph F Anderson, Jr on 9/8/2014.(abuc)

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

Gwendolyn Thomas,
Plaintiff,
v.
Richland County School District II,
Defendant.
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C/A No.: 3:13-647-JFA-SVH

ORDER

The pro se plaintiff, Gwendolyn Thomas, filed this action alleging race and age
discrimination relating to her employment with the defendant.
On May 21, 2014, the Magistrate Judge assigned to this matter1 received a Suggestion
of Death from the defendant.

The Magistrate Judge then prepared a Report and

Recommendation noting that under Rule 25(a)(1) of the Federal Rules of Civil Procedure,
no party has filed a motion to substitute as party plaintiff within 90 days of the Suggestion
of Death, and thus, the action should be dismissed. The Magistrate Judge also notes that
counsel for the defendant served the Suggestion of Death at the plaintiff’s address of record.
Finally, no objections to the Report and Recommendation have been filed and the time within
which to do so has expired.

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The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule
73.02. 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 the court. Mathews v. Weber, 423 U.S. 261
(1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation
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 to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b)(1).

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After carefully reviewing the applicable laws, the record in this case, and the Report
and Recommendation, this court finds the Magistrate Judge’s recommendation fairly and
accurately summarizes the facts and applies the correct principles of law. The court,
therefore, adopts the recommendation of the Magistrate Judge in full and incorporates this
Report by specific reference.
Accordingly, this action is dismissed without prejudice pursuant to Rule 25(a) of the
Federal Rules of Civil Procedure.
IT IS SO ORDERED.

September 8, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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