Rogers v. McDonald et al

Filing 15

ORDER adopting 13 Report and Recommendation of Magistrate Judge Mary Gordon Baker. It is ORDERED that Plaintiff's action is DISMISSED without prejudice and without issuance and service of process. Signed by Honorable Timothy M Cain on 12/8/2015.(ssam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Hayward Rogers,
Plaintiff,
vs.
Robert McDonald, VA Secretary;
Laura H. Eskenazi, VA Vice Chairman;
and Department of Veterans Affairs,
Defendants.

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Civil Action No. 3:15-3243-TMC

ORDER

Plaintiff, a state prisoner proceeding pro se, filed this action pursuant to 42 U.S.C. §
1981. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter
was referred to a magistrate judge for pretrial handling. Before the court is the magistrate
judge’s Report and Recommendation (“Report”), recommending that Plaintiff’s action be
dismissed without prejudice and without issuance and service of process. (ECF No. 13). Plaintiff
was advised of his right to file objections to the Report. (ECF No. 13 at 7). However, Plaintiff
filed no objections to the Report, and the time to do so has now run.
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “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) (quoting Fed. R. Civ. P. 72 advisory committee’s note).

After a thorough review of the Report and the record in this case, the court adopts the
magistrate judge's Report (ECF No. 13) and incorporates it herein. It is therefore ORDERED
that Plaintiff’s action is DISMISSED without prejudice and without issuance and service of
process.
IT IS SO ORDERED.
s/Timothy M. Cain
Timothy M. Cain
United States District Judge
December 8, 2015
Anderson, South Carolina

NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4
of the Federal Rules of Appellate Procedure.