Chuang v. Kimyagarov

Filing 15

ORDER RULING ON REPORT AND RECOMMENDATION accepting 11 Report and Recommendation and this case is DISMISSED without prejudice and without issuance of service of process pursuant to Federal Rule of Civil Procedure 41 for failure to prosecute, mooting 3 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge Terry L Wooten on 7/3/2018. (asni, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Alan Chuang,

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Plaintiff,
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vs.
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Ruben Kimyagarov,
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Defendant.
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___________________________________ )

Case No. 3:17-cv-1839-TLW

ORDER

On July 11, 2017, Plaintiff Alan Chuang, (“Plaintiff”) brought this action, pro se alleging
state law tort claims. ECF No. 1. This matter now comes before the Court for review of the Report
and Recommendation (the Report) filed by United States Magistrate Judge Paige Gossett, to whom
this case had previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Civil Rule
73.02(B)(2), (D.S.C.). ECF No. 11. In the Report, the Magistrate Judge recommends that the case
be dismissed without prejudice pursuant to Fed. R. Civ. P. 41, for failure to prosecute. Objections
were due on September 14, 2017, however, Plaintiff failed to file objections or any response to the
Report.
This Court is charged with conducting a de novo review of any portion of the Magistrate
Judge=s Report and Recommendation to which a specific objection is registered, and may accept,
reject, or modify, in whole or in part, the recommendations contained in that Report. 28 U.S.C.
§ 636. In the absence of objections to the Report, this Court is not required to give any explanation
for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

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The Court has carefully reviewed the Report and relevant filings. For the reasons
articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge=s Report
and Recommendation, ECF No. 11, is ACCEPTED, and this case is DISMISSED without
prejudice and without issuance of service of process pursuant to Federal Rule of Civil Procedure
41 for failure to prosecute. Accordingly, Plaintiff’s Motion for Leave to Proceed in forma pauperis
is deemed MOOT. ECF No. 3.
IT IS SO ORDERED.
__s/Terry L. Wooten______
Chief United States District Judge
July 3, 2018
Columbia, South Carolina

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