Day v. Mosley

Filing 25

ORDER RULING ON REPORT AND RECOMMENDATION adopting 22 Report and Recommendation, dismissing the action without prejudice and without issuance and service of process. Signed by the Honorable Joseph F. Anderson, Jr. on 04/14/2014. (bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
MacArthur Day,

C/A No. 3:13-cv-02369-JFA

Plaintiff,
v.
ORDER
Thomas E Mosley, Esq,

Defendant.
MacArthur Day (“Plaintiff”), proceeding pro se, has filed a lawsuit asserting a claim of
legal malpractice against Thomas E. Mosley, Esq.
The Magistrate Judge assigned to this action1 prepared a thorough Report and
Recommendation (“Report”) and opines that this court should dismiss the complaint without
prejudice and without issuance and service of process. ECF No. 22. The Report sets forth in
detail the relevant facts and standards of law on this matter, and this court incorporates those
facts and standards without a recitation.
Plaintiff was advised of his right to object to the Report, which was entered on the docket
on January 10, 2014. However, Plaintiff did not file objections. In the absence of specific
objections to the Report of the Magistrate Judge, this court is not required to give an explanation
for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

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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(B)(2)(g) (D.S.C.). 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).

After carefully reviewing the applicable laws, the record in this case, as well as the
Report, this court finds the Magistrate Judge’s recommendation fairly and accurately summarizes
the facts and applies the correct principles of law. Accordingly, the court adopts the Report and
dismisses the complaint without prejudice and without issuance and service of process.

IT IS SO ORDERED.

April 14, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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