Kraim v. Columbia Police Department et al

Filing 62

ORDER adopting 58 Report and Recommendation, dismissing this action with prejudice. Signed by Honorable Mary Geiger Lewis on 7/18/2019. (cbru, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
INDIGO OCEAN ROSE KRAIM,
Plaintiff,
vs.
COLUMBIA POLICE DEPARTMENT;
COLUMBIA HOUSING AUTHORITY;
RICHLAND COUNTY SHERIFF’S DEPT.;
and RICHLAND SPRINGS,
Defendants.

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CIVIL ACTION 3:18-1335-MGL-PJG

ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THIS ACTION WITH PREJUDICE
Plaintiff Indigo Ocean Rose Kraim, a self-represented litigant, filed this as a 42 U.S.C.
§•1983 action, coupled with state law tort claims. The matter is before the Court for review of the
Report and Recommendation (Report) of the United States Magistrate Judge suggesting the case be
dismissed with 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 June 28, 2019, but Kraim failed to file any
objections. “[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 this action is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
Signed this 18th day of July, 2019, 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 the applicable Federal Rules of Appellate Procedure.

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