Fragoso v. Immigration and Customs Enforcement
Filing
16
ORDER RULING ON REPORT AND RECOMMENDATION: the court adopts the Magistrate Judge's Report (ECF No. 11 ) and incorporates it herein. It is therefore ORDERED that the complaint is DISMISSED without prejudice. Signed by Honorable Timothy M Cain on 11/4/2013. (mcot, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Roberto Diaz Fragoso,
)
)
Plaintiff,
)
)
v.
)
)
Immigration and Customs Enforcement, and )
Homeland Security Office,
)
)
Defendants.
)
____________________________________)
C.A. No. 5:13-2548-TMC
ORDER
Plaintiff, proceeding pro se, filed this action challenging his imprisonment. In accordance
with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter was referred to a
magistrate judge for pretrial handling. Before the court is the magistrate judge’s Report and
Recommendation (“Report”), construing the action as one filed pursuant to Bivens v. Six Unknown
Named Agents of Fed. Bureau of Narcotis, 403 U.S. 388 (1971), and recommending that the
complaint be dismissed without prejudice. (ECF No. 11). Plaintiff was advised of his right to file
objections to the Report. (ECF No. 11 at 5). However, Plaintiff filed no objections to the Report
and the time to do so has now run.
The Report has no presumptive weight and the responsibility to make a final determination
in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). In the
absence of objections, this court is not required to provide an explanation for adopting the Report.
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 advisory committee’s note).
After a thorough review of the Report and the record in this case, the court adopts the
Magistrate Judge's Report (ECF No. 11) and incorporates it herein. It is therefore ORDERED that
the complaint is DISMISSED without prejudice.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
Anderson, South Carolina
November 4, 2013
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4 of
the Federal Rules of Appellate Procedure.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?