McNeil v. South Caroline Dept. of Corrections et al

Filing 13

ORDER RULING ON REPORT AND RECOMMENDATION:The Court adopts the Report and Recommendation (ECF No. 10 ) and incorporates it herein. Therefore, it is the judgment of the Court the Complaint is DISMISSED WITH PREJUDICE. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 3/17/2017. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
CHARLES McNEIL,
Plaintiff,
vs.
SOUTH CAROLINA DEPARTMENT OF
CORRECTIONS, DR. ALEWINE, NURSE
NGUAWAME, NURSE OWENS, and
NURSE A. BROWN,
Defendants.

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CIVIL ACTION NO. 5:17-00150-MGL

ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THE COMPLAINT WITH PREJUDICE
Plaintiff filed this case as a 42 U.S.C. § 1983 action. Plaintiff is proceeding pro se. The
matter is before the Court for review of the Report and Recommendation (Report) of the United
States Magistrate Judge suggesting the Complaint be dismissed with prejudice. The Report was
made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South
Carolina.
The Magistrate Judge makes only a recommendation to this Court. The recommendation has
no presumptive weight. The responsibility to make a final determination remains with the Court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report 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. 28 U.S.C. § 636(b)(1).

The Magistrate Judge filed the Report on February 28, 2017, but Plaintiff failed to file any
objections to the Report. “[I]n 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).
Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th
Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard set
forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment
of the Court the Complaint is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
Signed this 17th day of March, 2017, in Columbia, South Carolina.

s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within thirty days from the
date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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