Bailey v. Faurecia et al
Filing
15
ORDER RULING ON REPORT AND RECOMMENDATION denying 3 Motion for Leave to Proceed in forma pauperis filed by Glenda Bailey, accepting 10 Report and Recommendation, dismissing this case without prejudice and without service of process. Signed by Honorable J Michelle Childs on 5/12/15. (alew, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Glenda Bailey,
Plaintiff,
v.
Faurecia;
Brent Williams, and Ken Merner,
Defendants.
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Civil Action No. 6:15-cv-01597-JMC
ORDER
Plaintiff Glenda Bailey (“Plaintiff”), a pro se litigant, brought this action seeking relief
pursuant to 42 U.S.C. §§2000e to 2000e-16. This matter is before the court for review of the
Magistrate Judge's Report and Recommendation (“Report”) (ECF No. 10), filed on April 15,
2015, recommending that Plaintiff’s case be denied without prejudice and without service of
process and that Plaintiff’s Motion for Leave to proceed in forma pauperis be denied. The
Report sets forth in detail the relevant facts and legal standards on this matter which the court
incorporates herein without a recitation.
The Magistrate Judge’s Report is made in accordance with 28 U.S.C. § 636(b)(1) and
Local Civil Rule 73.02 for the District of South Carolina. “The Court is not bound by the
recommendation of the magistrate judge but, instead, retains responsibility for the final
determination.” Wallace v. Hous. Auth., 791 F. Supp. 137, 138 (D.S.C. 1992) (citing Matthews v.
Weber, 423 U.S. 261, 271 (1976)). The court is charged with making a de novo determination of
those portions of the Report to which specific objections are made, and the court may accept,
reject, or modify, in whole or in part, the Magistrate Judge’s recommendation or recommit the
matter with instructions. See 28 U.S.C. § 636(b)(1).
Plaintiff was advised of her right to file objections to the Report. (ECF No. 10 at 5.)
However, Plaintiff filed no objections to the Report.
In the absence of objections to the
Magistrate Judge's Report, this court is not required to provide an explanation for adopting the
recommendation. 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). Furthermore, failure to file
specific written objections to the Report results in a party's waiver of the right to appeal from the
judgment of the District Court based upon such recommendation.
28 U.S.C. § 636(b)(1);
Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United
States v. Schronce, 727 F.2d 91 (4th Cir. 1984).
Therefore, after a thorough and careful review of the Report and the record in this case,
the court finds that the Report provides an accurate summary of the facts and the law. The court
ACCEPTS the Report and Recommendation (ECF No. 10). For the reasons articulated by the
Magistrate Judge, it is therefore ORDERED that Plaintiff’s case is DISMISSED without
prejudice and without service of process, and further, that Plaintiff’s Motion for Leave to proceed
in forma pauperis (ECF No. 3) is DENIED.
IT IS SO ORDERED.
United States District Judge
May 12, 2015
Columbia, South Carolina
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