Moorer v. Graceland Rental

Filing 14

ORDER adopting Report and Recommendations 12 it is therefore ordered that this action is referred to the United States Bankruptcy Court for the District of South Carolina and the action is dismissed without prejudice Signed by Honorable R Bryan Harwell on 9/25/09.(gkra, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Curtis G. Moorer, Plaintiff, vs. Graceland Rental, Defendant ) ) ) ) ) ) ) ) ) ) C.A. No.: 6:09-2262-RBH ORDER

This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Bruce Howe Hendricks, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local 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). 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 required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

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After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Hendricks' Report and Recommendation and incorporates it herein. It is therefore ORDERED that this action is referred to the United States Bankruptcy Court for the District of South Carolina and the action is dismissed without prejudice from this court's civil docket. The Clerk of this Court shall contact the Clerk of the bankruptcy court and arrange for proper referral of the case. IT IS SO ORDERED.

s/ R. Bryan Harwell R. Bryan Harwell United States District Judge Florence, South Carolina September 25, 2009

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