Osborne v. US Government

Filing 19

ORDER RULING ON REPORT AND RECOMMENDATION: Court accepts 16 Report and Recommendation. This case is dismissed without prejudice and without issuance and service of process. Signed by Honorable Terry L Wooten on 11/12/08. (swel, )

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

Roger Frank Osborne,

) ) Plaintiff, ) ) -versus) ) U.S. Government, ) ) Defendant. ) __________________________________________)

C.A. No. 4:08-1026-TLW-TER

O RD ER

This matter is now before the undersigned for review of the Report and Recommendation ("the Report") filed by United States Magistrate Judge Thomas E. Rogers, III, to whom this case had previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). In his Report, Magistrate Judge Rogers recommends that the Complaint in the above-captioned case be dismissed without prejudice and without issuance and service of process. The plaintiff has filed no objections to the Report. This Court is charged with conducting a de novo review of any portion of the Magistrate Judge's Report 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. No objections have been filed to the Report. In the absence of objections to the Report and

Recommendation of the Magistrate Judge, 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). A review of the record indicates that the Report accurately summarizes this case and the applicable law. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that

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the Magistrate Judge's Report is ACCEPTED (Doc. # 16), and the above-captioned case is dismissed without prejudice and without issuance and service of process. IT IS SO ORDERED.

s/ Terry L. Wooten TERRY L. WOOTEN UNITED STATES DISTRICT JUDGE

November 12, 2008 Florence, South Carolina

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