Pauling v. Marlboro County Sheriffs Office et al
Filing
64
ORDER finding as moot 47 Motion for Summary Judgment; adopting 62 Report and Recommendation. Signed by The Honorable R Bryan Harwell on 4/16/2013.(hcic, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
James Albert Pauling,
Plaintiff,
v.
Marlboro County Sheriffs Office;
Chief Deputy Lemon; Training
Officer Deputy Ackers,
Defendants.
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Civil Action No.: 4:11-cv-02868-RBH
ORDER
Plaintiff James Albert Pauling, proceeding pro se, filed this action, alleging violations of his
rights under the Americans with Disabilities Act. The above-captioned Defendants filed a motion
for summary judgment, and Plaintiff failed to respond. The matter is before the Court for review of
the Report and Recommendation of United States Magistrate Judge Kaymani D. West, made in
accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02 for the District of South Carolina.
The Magistrate Judge recommends that the Court dismiss Plaintiff’s complaint with prejudice for
Plaintiff’s failure to prosecute.
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 this
Court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The Court is charged with making a
de novo determination of those portions of the Report and Recommendation 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. See 28 U.S.C.
§ 636(b)(1).
Neither party has filed objections to the Report and Recommendation. 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 reviews only for clear error in the absence of an objection. See Diamond
v. Colonial Life & Accident Ins. Co., 416 F.3d 310 (4th Cir. 2005) (stating that “in the absence of a
timely filed objection, a district court need not conduct 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’ ”) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough review of the record in this case, the Court finds no clear error.
Accordingly, the Report and Recommendation of the Magistrate Judge is adopted and incorporated
by reference. Therefore, it is
ORDERED that Plaintiff’s complaint be DISMISSED with prejudice and that Defendants’
motion for summary judgment [ECF No. 47] is deemed MOOT.
IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Florence, South Carolina
April 16, 2013
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