Robinson v. PT Holdings, LLC et al
Filing
14
ORDER adopting 11 Report and Recommendation, dismissing this action without prejudice. Signed by Honorable Mary Geiger Lewis on 8/6/2018. (cbru, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
ERICA ROBINSON,
Plaintiff,
vs.
PT HOLDINGS, LLC, and WHALEY
FOODSERVICE, LLC,
Defendants.
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CIVIL ACTION NO. 3:18-00940-MGL
ORDER ADOPTING THE REPORT AND RECOMMENDATION,
AND DISMISSING THE ACTION WITHOUT PREJUDICE
This is a civil case bringing claims for alleged violations of 42 U.S.C. § 1981 and related
causes of action. Plaintiff is proceeding pro se. The matter is before the Court for review of the
Report and Recommendation (Report) of the United States Magistrate Judge suggesting the
action be dismissed without prejudice. 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 July 20, 2018, but Plaintiff 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.3d310, 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 this action is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Signed this 6th day of August, 2018, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
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NOTICE OF RIGHT TO APPEAL
The parties are 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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