Johnson v. Hampton County Detention Center et al

Filing 86

ORDER RULING ON REPORT AND RECOMMENDATIONS for 83 Report and Recommendations that this action is dismissed for lack of prosecution with prejudicepursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Signed by Honorable Henry M Herlong, Jr on 9/11/08. (mdoe, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Timothy R. Johnson, Plaintiff, vs. Hampton County Detention Center, Captain Kelvin Ruth, Sergeant LaShonda Marshall, Corporal John Mixson, Corporal Christein Jones, Administrator Calvin Jones, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 6:07-2792-HMH-WMC

OPINION & ORDER

This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge William M. Catoe, made in accordance with 28 U.S.C. § 636(b)(1) 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 this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation 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. See 28 U.S.C. § 636(b)(1) (2006). The Plaintiff filed no objections to the Report and Recommendation. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this court is not

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required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Catoe's Report and Recommendation and incorporates it herein. It is therefore ORDERED that this action is dismissed for lack of prosecution with prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. IT IS SO ORDERED.

s/Henry M. Herlong, Jr. United States District Judge Greenville, South Carolina September 11, 2008

NOTICE OF RIGHT TO APPEAL The Plaintiff is hereby notified that he has the right to appeal this order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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