Hemphill v. Cramer et al

Filing 25

ORDER RULING ON REPORT AND RECOMMENDATION: It is hereby ORDERED that the Report, ECF No. 20 , is ACCEPTED. For the reasons articulated by the Magistrate Judge, the Plaintiff's Complaint, ECF No. 1 , is DISMISSED without prejudice. IT IS SO ORDERED. Signed by Chief Judge Terry L Wooten on 3/17/2017. (mcot, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Ronnie Hemphill, ) ) Plaintiff, ) ) v. ) ) Officer Cramer; Officer Lewis; Officer ) Bernard’/Sargent; and Medical Staff, ) ) Defendants. ) _____________________________________________ ) C/A No.: 5:16-cv-00104-TLW ORDER Plaintiff Ronnie Hemphill, proceeding pro se, filed this action on January 12, 2016. ECF No. 1. This matter now comes before this Court for review of the Report and Recommendation (“the Report”) filed on April 26, 2016, by United States Magistrate Judge Kaymani D. West, to whom this case was previously assigned pursuant to 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02(B)(2)(e), D.S.C. In the Report, the Magistrate Judge recommends that the Court dismiss the Complaint without prejudice. ECF No. 20. The deadline to file objections was May 16, 2016. Plaintiff failed to file Objections to the Report. This 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, the relevant filings, and the applicable law and notes that Plaintiff has not filed objections to the Report. After careful consideration, the Court accepts the detailed factual and legal analysis by the Magistrate Judge in the Report. It is hereby ORDERED that the Report, ECF No. 20, is ACCEPTED. For the reasons articulated by the Magistrate Judge, the Plaintiff’s Complaint, ECF No. 1, is DISMISSED without prejudice. IT IS SO ORDERED. s/ Terry L. Wooten_____________ TERRY L. WOOTEN Chief United States District Judge March 17, 2017 Columbia, South Carolina

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?