Riley v. Bartlett
ORDER RULING ON REPORT AND RECOMMENDATION; adopting 38 Report and Recommendation, Defendants motion to dismiss 26 is GRANTED, and all remaining motions are DENIED as moot. Signed by Honorable Timothy M Cain on 9/8/2014. (gpre, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Helene Maria Riley,
Civil Action No. 6:14-350-TMC
Plaintiff, proceeding pro se, filed this action filed this action pursuant to 42 U.S.C. §
1983. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter
was referred to a magistrate judge for pretrial handling. Before the court is the magistrate judge’s
Report and Recommendation (“Report”), recommending that (1) Defendant’s motion to dismiss
(ECF No. 26) be granted, and (2) any pending nondispositive motions be rendered as moot upon
adoption of the Report. Plaintiff was advised of her right to file objections to the Report. (ECF
No. 38 at 10). However, Plaintiff filed no objections to the Report, and the time to do so has now
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in the
absence of a timely filed objection, a district court need not conduct a de novo review, but
instead must only satisfy itself that there is no clear error on the face of the record in order to
accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th
Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough review of the Report and the record in this case, the court adopts the
magistrate judge's Report (ECF No. 38) and incorporates it herein. Accordingly, Defendant’s
motion to dismiss (ECF No. 26) is GRANTED, and all remaining motions are DENIED as
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
September 8, 2014
Anderson, South Carolina
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4
of the Federal Rules of Appellate Procedure.
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