Hunt v. United States President et al
ORDER adopting 16 Report and Recommendation that Plaintiff's action is DISMISSED without prejudice and without issuance and service of process. Signed by Honorable Timothy M Cain on 1/29/16. (kmca)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Kalvin Dontay Hunt,
United States President; Vice President;
Secretary of Defense; Joint Chief of Staff;
Secretary of the Navy; Commandant of
Marine Corps; Sergeant Major of Marine
Corps; Tricare; United States Federal
Civil Action No. 3:15-4389-TMC
Plaintiff, proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983, alleging
violations of his constitutional rights. 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. 16). Plaintiff was advised of his right to file objections to the Report. (ECF No. 16 at
8). 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. 16) and incorporates it herein. It is therefore ORDERED
that Plaintiff’s action is DISMISSED without prejudice and without issuance and service of
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
January 29, 2016
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.
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