Herman v. Horry County South Carolina et al

Filing 104

ORDER RULING ON REPORT AND RECOMMENDATIONS. It is hereby ORDERED that the Magistrate Judges Report and Recommendation is ACCEPTED 99 . The Defendants Motion to Dismiss is thereby GRANTED, 76 , and Plaintiffs Complaint is dismissed. The Defendants Motion for Summary Judgment is terminated as moot 98 . Signed by Honorable Terry L Wooten on 07/31/2012. (dsto, )

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

Joshua Herman,

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Plaintiff,
vs.
Horry County, South Carolina, et al.,
Defendants.
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Civil Action No. 4:11-1378-TLW-TER

ORDER
On June 6, 2011, the Plaintiff, Joshua Herman (“Plaintiff”), proceeding pro se, filed this
civil action alleging violation of 42 U.S.C. § 1983. (Docs. # 1 and # 2).
The matter now comes before this Court for review of the Report and Recommendation
(“the Report”) filed by Magistrate Judge Thomas E. Rogers, III, to whom this case had
previously been assigned. In the Report, the Magistrate Judge recommends that Plaintiff’s
complaint be dismissed for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of
Civil Procedure. (Doc. # 99). Objections were due by July 30, 2012. 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 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 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).

The Court has carefully reviewed the Magistrate Judge’s Report and Recommendation.
For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate
Judge’s Report and Recommendation is ACCEPTED. (Doc. # 99). The Defendants’ Motion to
Dismiss is thereby GRANTED, (Doc. # 76), and Plaintiff’s Complaint is dismissed. The
Defendants’ Motion for Summary Judgment is terminated as moot. (Doc. # 98).
IT IS SO ORDERED.

____s/Terry L. Wooten____
United States District Judge

July 31, 2012
Florence, South Carolina