In Re: Albert D. Haynes

Filing 26

OPINION AND ORDER RULING ON 24 REPORT AND RECOMMENDATION. Signed by Honorable Mary G Lewis on 2/18/2015. (cbru, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Albert D. Haynes,

) Civil Action No. 3:14-cv-352-MGL
)
Appellant, )
)
v.
)
)
William K. Stephenson, Jr.,
)
OPINION AND ORDER
)
Trustee. )
__________________________________ )
Appellant Albert D. Hayes (“Appellant”), proceeding pro se, appeals a ruling of the United
States Bankruptcy Court for the District of South Carolina dismissing his Chapter 13 action with
prejudice and barring him from refiling for a period of one year. (ECF No. 1.) This matter is now
before the Court upon the Magistrate Judge’s Report and Recommendation filed on January 26,
2015, recommending that the Bankruptcy court’s order be affirmed and Appellant’s appeal
dismissed. (ECF No. 24.)
In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02, D.S.C., this matter was referred
to United States Magistrate Judge Paige J. Gossett for pretrial handling. The Magistrate Judge
makes only a recommendation to this Court. The recommendation has no presumptive weight. The
responsibility for making a final determination remains with this Court. Mathews v. Weber, 423 U.S.
261, 270, 96 S.Ct. 549, 46 L.Ed.2d 483 (1976). The Court may accept, reject, or modify, in whole
or in part, the Report and Recommendation or may recommit the matter to the Magistrate Judge with
instructions. 28 U.S.C. § 636(b)(1). The Court is charged with making a de novo determination of
those portions of the Report and Recommendation to which specific objections are made. Appellant
was advised of his right to file objections to the Report and Recommendation. (ECF No. 24 at 13.)

However, he has not done so and objections were due on February 12, 2015. In the absence of a
timely filed objection, a district court need not conduct a de novo review, but instead must “only
satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).
After a careful review of the record, the applicable law, and the Report and Recommendation,
the court finds the Magistrate Judge’s recommendation to be proper. Accordingly, the Report and
Recommendation is incorporated herein by reference. The decision of the bankruptcy court is hereby
affirmed and this appeal dismissed.
IT IS SO ORDERED.
/s/Mary G. Lewis
United States District Judge
Columbia, South Carolina
February 18, 2015

NOTICE OF RIGHT TO APPEAL
Appellant is hereby notified of the right to appeal this Order within thirty days from the
date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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