Johnson et al v. Flakeboard America Limited

Filing 116

ORDER RULING ON REPORT AND RECOMMENDATION. It is hereby ORDERED that the Magistrate Judge's Report and Recommendation is ACCEPTED (Doc. # 102 ). Plaintiff Paul Seabury is dismissed with prejudice from this case as a plaintiff based upon his failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Signed by Honorable Terry L Wooten on 11/15/2012. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Julia Johnson, James Allen Sanders,
Paul Seabury, Matthew Sinclair,
Cathy Williams, Kendricks Douglas,
Tammy McCall and Barry Alford,
Individually and on behalf of the class they
seek to represent,

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Plaintiffs,
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vs.
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Flakeboard America Limited,
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Defendant.
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___________________________________ )

Civil Action No. 4:11-2607-TLW-KDW

ORDER

Plaintiffs instituted this putative class action against Defendant on September 27, 2011
and filed the operative Amended Complaint on November 14, 2011. (Docs. # 1 and # 29).
Plaintiffs assert claims of employment discrimination in violation of Title VII of the Civil Rights
Act of 1964 (Title VII), as amended. Id.
The matter now comes before this Court for review of the Report and Recommendation
(Athe Report@) filed by United States Magistrate Judge Kaymani D. West, to whom this case had
previously been assigned. In the Report, the Magistrate Judge recommends that Plaintiff Paul
Seabury be dismissed with prejudice from this case as a plaintiff based upon his failure to
prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. (Doc. # 102).
Objections were due by November 13, 2012. Plaintiff Seabury 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. # 102). Plaintiff Paul Seabury is
dismissed with prejudice from this case as a plaintiff based upon his failure to prosecute,
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.
IT IS SO ORDERED.

____s/Terry L. Wooten____
United States District Judge

November 15, 2012
Florence, South Carolina