Smith v. Lynch et al

Filing 41

ORDER ACCEPTING 35 Report and Recommendations; GRANTING 25 Motion for Summary Judgment, filed by Lee Carpenter, Reggie Warren, Bruce A Lynch, F Gareth Beshears; GRANTING 21 Motion for Summary Judgment, filed by Debra Hip p, Mrs Strickland, Mrs Myers, Susan Stafford, Joey Johnson, Phillip Thompson, Mr Patrick, Dawn Wilson, Tish Anderson, Mr Anderson, Kenny Grate, Tom Fox. Plaintiffs complaint is thereby DISMISSED. Signed by Honorable Terry L Wooten on 10/25/2011. (mbro, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Terry Jerome Smith,

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Plaintiff,
vs.
Bruce A. Lynch, et al.,
Defendants.
_______________________________

Civil Action No. 6:11-109-TLW-KFM

ORDER
On January 18, 2011, the Plaintiff, Terry Jerome Smith (“Plaintiff”), proceeding pro se,
filed this civil action construed as alleging violations of 42 U.S.C. § 1983. (Doc. #1).
The matter now comes before this Court for review of the Report and Recommendation
(“the Report”) filed by Magistrate Judge Kevin F. McDonald to whom this case had previously
been assigned. In the Report, the Magistrate Judge recommends that Plaintiff’s complaint be
dismissed for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.
(Doc. #35). Objections were due by October 17, 2011. Plaintiff has filed no objections to the
Report.
This Court is charged with conducting a de novo review of any portion of the Magistrate
Judge’s Report and Recommendation to which a specific objection is registered, and may accept,
reject, or modify, in whole or in part, the recommendations contained in that Report. 28 U.S.C. §
636. 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).

The Court has carefully reviewed the Magistrate Judge’s Report and Recommendation.
For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate
Judge’s Report and Recommendation is ACCEPTED. (Doc. #35). The Defendants’ respective
Motions for Summary Judgment are GRANTED. (Docs. #21 and #25). Plaintiff’s complaint is
thereby DISMISSED.
IT IS SO ORDERED.

____s/Terry L. Wooten____
United States District Judge

October 25, 2011
Florence, South Carolina