Gainey v. Kelly et al

Filing 61

ORDER ACCEPTING 58 Report and Recommendations; TERMINATING AS MOOT 43 Motion for Summary Judgment, filed by Dawn Colman, Nancy Hiest, R Kelly. The Plaintiffs complaint is thereby DISMISSED. Signed by Honorable Terry L Wooten on 3/13/2012. (mbro, )

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

Danny Ray Gainey,

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Plaintiff,
vs.
Nurse R. Kelly, et al.,
Defendants.
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Civil Action No. 6:11-1247-TLW-KFM

ORDER
On May 25, 2011, the Plaintiff, Danny Ray Gainey (“Plaintiff”), proceeding pro se, filed
this civil action alleging violation 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. # 58). Objections were due by March 12, 2012. 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. # 58). The Plaintiff’s complaint is
thereby DISMISSED. The Defendants’ Motion for Summary Judgment is terminated as moot.
(Doc. # 43).
IT IS SO ORDERED.

____s/Terry L. Wooten____
United States District Judge

March 13, 2012
Florence, South Carolina