Lopez v. Cartledge et al
ORDER RULING ON REPORT AND RECOMMENDATION: The Report and Recommendation 58 is adopted and incorporated herein by reference and this action is DISMISSED with prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). Signed by Honorable Bruce Howe Hendricks on 01/06/2017. (dsto, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Erin M. Lopez,
Larry Cartledge, Warden, Florence
Mauney, A/W Security, Stephen Claytor,
A/W Programs Services, Curtis Earley,
Major of Security, Charles Williams,
C/A No.: 4:15-4210-BHH
ORDER AND OPINION
This matter is before the Court for review of the Report and Recommendation of
United States Magistrate Judge Thomas E. Rogers, III, made in accordance with 28
U.S.C. § 636(b) and Local Rule 73.02 for the District of South Carolina. On December
15, 2016, the Magistrate Judge issued a Report and Recommendation (“Report”)
recommending that this case be dismissed with prejudice for failure to file a response to
the pending motion for summary judgment. (ECF No. 58.)
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 may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1). The Court may
also receive further evidence or recommit the matter to the Magistrate Judge with
instructions. Id. The Court is charged with making a de novo determination of those
portions of the Report to which specific objections are made.
Plaintiff filed no objections and the time for doing so expired on January 3, 2017.
In the absence of objections to the Magistrate Judge’s Report and Recommendation,
this Court is not required to provide an explanation for adopting the recommendation.
See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “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.’” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310,
315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 and advisory committee’s note).
Here, because no objections have been filed, the Court has reviewed the
Magistrate Judge’s findings and recommendations for clear error. Finding none, the
Court agrees with the Magistrate Judge that this action be dismissed for failure to
prosecute pursuant to Fed. R. Civ. P. 41(b). Accordingly, the Report and
Recommendation is adopted and incorporated herein by reference and this action is
DISMISSED with prejudice.
IT IS SO ORDERED.
/s/Bruce Howe Hendricks
United States District Judge
January 6, 2017
Greenville, South Carolina
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified that any right to appeal this Order is governed by
Rules 3 and 4 of the Federal Rules of Appellate Procedure.
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