Gamache v. United States of America, The
Filing
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ORDER RULING ON REPORT AND RECOMMENDATIONS for 15 Report and Recommendations, dismissing the complaint without prejudice and without issuance and service of process. Signed by Honorable Henry F Floyd on 5/13/11. (alew, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
GREGORY GAMACHE,
Plaintiff,
vs.
THE UNITED STATES OF AMERICA,
Defendant.
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§ CIVIL ACTION NO. 6:11-00573-HFF-JDA
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ORDER
This case was filed as a civil 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 that the Court dismiss the complaint 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 April 18, 2011, but Plaintiff failed to file any
objections to the Report. In the absence of such objections, the Court is not required to give any
explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
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 that the complaint is DISMISSED without prejudice and without issuance and service
of process.
IT IS SO ORDERED.
Signed this 13th day of May, 2011, in Spartanburg, South Carolina.
s/ Henry F. Floyd
HENRY F. FLOYD
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 60 days from the date
hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.
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