Hicklin v. Turbeville Correctional Institution et al

Filing 65

ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts the Report 60 and incorporates it herein. Therefore, it is the judgment of the Court this action is DISMISSED WITH PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute. Signed by Honorable Mary Geiger Lewis on 02/23/2017. (dsto, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
BRANDON DIQUAN HICKLIN,
Plaintiff,
vs.
EMMANUEL JUAN CARSTELLO,
Defendant.

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§ CIVIL ACTION 4:15-2905-MGL
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ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THIS ACTION FOR FAILURE TO PROSECUTE
This case was filed under 42 U.S.C. § 1983. Plaintiff is proceeding pro se. The matter is
before the Court for review of the Report and Recommendation (Report) of the United States
Magistrate Judge suggesting this action be dismissed under Rule 41(b) of the Federal Rules of Civil
Procedure for failure to prosecute. 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. The responsibility to make a final determination remains with the Court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report 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. 28 U.S.C. § 636(b)(1).

The Magistrate Judge filed the Report on February 3, 2017, but Plaintiff failed to file any
objections. “[I]n 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.’” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315
(4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). 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 Report and the record in this case pursuant to the standard set
forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment
of the Court this action is DISMISSED WITH PREJUDICE under Fed. R. Civ. P. 41(b) for failure
to prosecute.
IT IS SO ORDERED.
Signed this 23rd day of February, 2017, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL
Plaintiff is hereby notified of the right to appeal this Order within thirty days from the date
hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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