Odom et al v. City of Columbia Police Department

Filing 20

ORDER adopting 15 Report and Recommendation and dismissing Case's claims without prejudice. Signed by Honorable Mary Geiger Lewis on 8/10/2016. (mwal) Modified to edit text on 8/11/2016 (mwal).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
WYNTER ODOM; STACY CASE; and
KIMBERLY WISE-LEWIS,
Plaintiffs,
vs.
CITY OF COLUMBIA POLICE
DEPARTMENT,
Defendant.

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§ CIVIL ACTION NO. 3:15-04313-MGL-SVH
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ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING PLAINTIFF STACY CASE’S CLAIMS
WITHOUT PREJUDICE PURSUANT TO FED. R. CIV. P. 25(a)(1)
This case was filed as a employment discrimination action. The matter is before the Court
for review of the Report and Recommendation (Report) of the United States Magistrate Judge
suggesting that Plaintiff Stacy Case’s claims be dismissed without prejudice pursuant to Fed. R. Civ.
P. 25(a)(1). The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02
for the District of South Carolina.
The Magistrate Judge makes only a recommendation to this Court. The recommendation has
no presumptive weight. The responsibility to make a final determination remains with the Court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report 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 with instructions. 28 U.S.C. § 636(b)(1).

The Magistrate Judge filed the Report on March 3, 2016, but Plaintiffs failed to file any
objections to the Report. “[I]n 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).
Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th
Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard set
forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment
of the Court that Plaintiff Stacy Case’s claims are DISMISSED WITHOUT PREJUDICE pursuant
to Fed. R. Civ. P. 25(a)(1).
IT IS SO ORDERED.
Signed this 10th day of August, 2016, in Columbia, South Carolina.

s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE

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