Dean v. South Carolina Department of Mental Health et al
ORDER RULING ON REPORT AND RECOMMENDATION 44 . This action isDISMISSED for failure to prosecute, the Defendants' motion for summary judgment is denied as moot. Signed by Honorable Timothy M Cain on 11/14/2017. (kric, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Boyd Thomas Dean, Jr.,
South Carolina Department of Mental
Health, John Magill, Versie Bellamy,
Holly Scaturo, Galen Sanders,
Civil Action No. 6:16-3422-TMC
Plaintiff, proceeding pro se, 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 the action be dismissed for failure to
prosecute. (ECF No. 44). The parties were advised of their right to file objections to the Report.
(ECF No. 44 at 4). However, neither party filed any objections to the Report, and the time to do
so has now run.
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. 44) and incorporates it herein. Accordingly, this action is
DISMISSED for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b) and the
factors outlined in Chandler Leasing Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir. 1982). See
Ballard v. Carlson, 882 F.2d 93 (4th Cir. 1989). Further, Defendants’ motion for summary
judgment (ECF No. 37) is DENIED as moot
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
November 14, 2017
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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