Rodriquez v. Vasquez et al
Filing
45
ORDER RULING ON REPORT AND RECOMMENDATION: The court adopts the Report (ECF No. 40 ) and incorporates it herein. Accordingly, this action is DISMISSED for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Signed by Honorable Timothy M Cain on 09/13/2016. (dsto)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Miguel Rodriquez,
Plaintiff,
vs.
Roberto Vasquez, Officers, CO Dewey,
and Lt. Bryon,
Defendants.
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C/A No. 5:15-4362-TMC
ORDER
Plaintiff Miguel Rodriquez, proceeding pro se, filed this action pursuant to 42 U.S.C. §
1983. 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”), recommending that the action be dismissed for
failure to prosecute. (ECF No. 40). Plaintiff was advised of his right to file objections to the
Report. (ECF No. 40-1). However, Plaintiff has not filed any 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, 27071 (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 record in this case, the court adopts the Report (ECF No.
40) and incorporates it herein. Accordingly, this action is DISMISSED for failure to prosecute
pursuant to Federal Rule of Civil Procedure 41(b) and the factors outlined in Chandler Leasing
Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir. 1982). See Ballard v. Carlson, 882 F.2d 93 (4th Cir.
1989).
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
September 13, 2016
Anderson, South Carolina
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.
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