Keel v. Waccamaw Mental Health et al
Filing
48
ORDER: The Court ADOPTS the Magistrate Judge's R & R [ECF No. 46 ] and DISMISSES Plaintiff's complaint with prejudice and without issuance and service of process. Signed by Chief Judge R Bryan Harwell on 1/10/2022.(hcic, )
4:21-cv-02247-RBH
Date Filed 01/10/22
Entry Number 48
Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Molly Keel,
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Plaintiff,
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)
v.
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Waccamaw Mental Health; Kathy Ward;
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Donno Lupo; M.U.S.C. Psychiatric
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Hospital Charleston, S.C.; E.M.S. Conway )
Hospital; Horry County Police Dept.;
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Magistrate Judge Harrelson; J. Reuben
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Long Detention Center, Conway, S.C.; and )
Judge Livingston,
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Defendants.
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___________________________________ )
Civil Action No.: 4:21-cv-02247-RBH
ORDER
This matter is before the Court for review of the Report and Recommendation (“R & R”)1 of
United States Magistrate Judge Kaymani D. West, who recommends dismissing Plaintiff’s
complaint pursuant to Federal Rule of Civil Procedure 41(b) for failure to comply with a court
order. See ECF No. 46.
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 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 R & R 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); Fed. R. Civ. P. 72(b).
1
The Magistrate Judge issued the R & R in accordance with 28 U.S.C. § 636(b) and Local Civil Rule
73.02(B)(2) (D.S.C.).
4:21-cv-02247-RBH
Date Filed 01/10/22
Entry Number 48
Page 2 of 2
Plaintiff has not filed objections to the R & R, and the time for doing so has expired.2 In the
absence of objections to the R & R, the Court is not required to give any explanation for adopting
the Magistrate Judge's recommendations. See Camby v. Davis, 718 F.2d 198, 199–200 (4th Cir.
1983). The Court reviews only for clear error in the absence of an objection. See Diamond v.
Colonial Life & Acc. 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 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)).
Having found no clear error, the Court ADOPTS the Magistrate Judge’s R & R [ECF No.
46] and DISMISSES Plaintiff’s complaint with prejudice and without issuance and service of
process.
IT IS SO ORDERED.
Florence, South Carolina
January 10, 2022
2
s/ R. Bryan Harwell
R. Bryan Harwell
Chief United States District Judge
Plaintiff’s objections were due by January 8, 2022. See ECF Nos 46 & 47.
2
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