Gattison v. Shurnight & Rivers et al
Filing
22
ORDER AND OPINION: The Court adopts the Report and Recommendation (Doc. # 17 ) of the Magistrate Judge. It is therefore ORDERED that Plaintiff's complaint be dismissed, without prejudice. Signed by Honorable Mary G Lewis on 4/16/2014. (prou, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
) Civil Action No.: 4:13-2964-MGL
)
Plaintiff, )
)
v.
)
ORDER AND OPINION
)
Shurnight & Rivers; John W. Bledsoe, III,
)
and Progressive Insurance Co.,
)
)
Defendants. )
__________________________________ )
)
Everette Gattison,
Plaintiff Everette Gattison (“Plaintiff”), proceeding pro se, brought this personal injury
action against Defendants Shurnight & Rivers; John W. Bledsone, III, and Progressive
Insurance Company (“Defendants”). (ECF No. 1.)
The matter is before the Court for
review of the Report and Recommendation of the United States Magistrate Judge
recommending that this action be dismissed for lack of jurisdiction and due to Plaintiff’s
failure to state a claim upon which relief can be granted. 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, and the responsibility to make a final
determination remains with the Court. See Mathews v. Weber, 423 U.S. 261 (1976). The
Court is charged with making a de novo determination of any portion of the Report and
Recommendation of the Magistrate Judge to which a specific objection is made. The Court
may accept, reject, or modify, in whole or in part, the recommendation made by the
Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See
28 U.S.C. § 636(b). The Court reviews the Report and Recommendation only for clear
error in the absence of an objection. See Diamond v. Colonial Life & Accident Ins. Co., 416
F.3d 310, 315 (4th Cir. 2005) (stating that "in 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.")
(citation omitted).
The Magistrate Judge filed the Report and Recommendation on March 12, 2014.
No objections have been filed and the time for doing so expired on March 31, 2014. In the
absence of such objections, the Court is not required to give any explanation for adopting
the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir.1983). 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 record in this case and the Report and
Recommendation of the Magistrate Judge pursuant to the standard set forth above, the
Court adopts and incorporates the Report and Recommendation herein. It is therefore
ORDERED that Plaintiff’s complaint be dismissed, without prejudice.
IT IS SO ORDERED.
/s/Mary G. Lewis
United States District Judge
April 16, 2014
Spartanburg, South Carolina
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