Middleton v. Beaufort County Courthouse et al

Filing 16

ORDER RULING ON REPORT AND RECOMMENDATION: It is hereby ORDERED that the Report and Recommendation is ACCEPTED. (Doc. # 11 ). For the reasons articulated by the Magistrate Judge, this action is DISMISSED without prejudice. Signed by Chief Judge Terry L Wooten on 11/3/2014. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
ANTONIO D. MIDDLETON,

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Plaintiff,
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vs.
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BEAUFORT COUNTY COURTHOUSE; )
and JERRI ANN ROSENEAU,
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Defendants.
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___________________________________ )

Case No. 5:14-cv-01112-TLW

ORDER
Plaintiff Antonio D. Middleton, proceeding pro se and in forma pauperis, filed this civil
action on March 25, 2014. (Doc. #1). This matter is before the Court for review of the Report
and Recommendation (“the Report”) filed by United States Magistrate Judge Kaymani D. West,
to whom this case was assigned pursuant to 28 U.S.C. § 636(b)(1) and Local Civil Rule
73.02(B)(2), (D.S.C.). In the Report, the Magistrate Judge recommends that this Court dismiss
this action without prejudice because Plaintiff has failed to ask the Court for any relief. (Doc.
#11). Objections to the Report were due on May 5, 2014. Plaintiff failed to file objections, and
the matter is now ripe for disposition.
The Court is charged with conducting a de novo review of any portion of the Report to
which a specific objection is registered, and may accept, reject, or modify, in whole or in part,
the recommendations contained therein. 28 U.S.C. § 636. However, in the absence of objections
to the Report, the Court is not required to give any explanation for adopting the Magistrate
Judge’s recommendation. See Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983). In such a
case, “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 & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed.
R. Civ. P. 72 advisory committee’s note).
In light of this standard, the Court has carefully reviewed the Report and concludes that it
accurately summarizes the case and the applicable law. Accordingly, it is hereby ORDERED
that the Report and Recommendation is ACCEPTED. (Doc. #11). For the reasons articulated
by the Magistrate Judge, this action is DISMISSED without prejudice.
IT IS SO ORDERED.

s/ Terry L. Wooten
Terry L. Wooten
Chief United States District Judge
November 3, 2014
Columbia, South Carolina