Sawasky v. Brian

Filing 18

ORDER adopting 12 Report and Recommendations dismissing case without prejudice. Signed by Honorable Henry F Floyd on 3/18/09.(alew, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION PATRICIA M. SAWASKY, Plaintiff, vs. BRIAN WALLACE BRIAN, Defendant. § § § § § § §

CIVIL ACTION NO. 6:09-0580-HFF-WMC

ORDER This case was filed as a pro se action. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that the Court summarily dismiss the above-captioned case without prejudice and without issuance and service of process. 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 March 10, 2009, and the Clerk of Court entered Plaintiff's objections to the Report on March 18, 2009. The Court has reviewed the objections, but finds them to be without merit. Therefore, the Court will enter judgment accordingly. After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court overrules Plaintiff's objections, adopts the Report, and incorporates it herein. Therefore, it is the judgment of this Court that this case is DISMISSED without prejudice and without issuance and service of process. IT IS SO ORDERED. Signed this 18th day of March, 2009, in Spartanburg, South Carolina.

s/ Henry F. Floyd HENRY F. FLOYD UNITED STATES DISTRICT JUDGE ***** NOTICE OF RIGHT TO APPEAL Plaintiff is hereby notified of 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.