Landers v. Laurens County Sheriffs Office et al

Filing 40

ORDER RULING ON REPORT AND RECOMMENDATION 38 . It is the judgment of the Court that Defendant Sergeant Galazriza is DISMISSED WITHOUT PREJUDICE for failure of service. Signed by Honorable Mary Geiger Lewis on 8/10/2016. (kric, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
SHIRLEY LANDERS,
Plaintiff,

§
§
§
vs.
§ CIVIL ACTION NO. 6:15-01533-MGL-KFM
§
LAURENS COUNTY SHERIFFS OFFICE; §
LIEUTENANT M. R. CRAIN, JR.; COUNTY §
OF LAURENS; SHERIFF RICKEY
§
CHASTAIN, Laurens County; ROBERT E.
§
TIMMONS, Sergeant; and SERGEANT
§
GALAZRIZA,
§
Defendants.
§
ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING DEFENDANT SERGEANT GALAZRIZA
WITHOUT PREJUDICE FOR FAILURE OF SERVICE
This case was filed as a 42 U.S.C. § 1983 action. The matter is before the Court for review
of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that
Defendant Sergeant Galazriza be dismissed without prejudice for failure of service. 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 March 14, 2016, but Plaintiff failed to file any
objections to the Report. “[I]n 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).
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 Defendant Sergeant Galazriza is DISMISSED WITHOUT PREJUDICE for
failure of service.
IT IS SO ORDERED.
Signed this 10th day of August, 2016, in Columbia, South Carolina.

s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE

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