Gardner v. BMW Manufacturing Co LLC et al
ORDER adopting 51 Report and Recommendation. It is the judgment of the Court this action is DISMISSED WITH PREJUDICE under Rule 41(b) for failure to prosecute. Signed by Honorable Mary Geiger Lewis on 6/30/2017.(abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BMW MANUFACTURING CO., LLC,
MANAGEMENT ANALYSIS &
UTILIZATION INC. d/b/a MAU
WORKFORCE SOLUTIONS, INC., and
TIER ONE SOLUTIONS, INC.,
Civil Action No. 7:16-03458-MGL-JDA
ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THE COMPLAINT WITH PREJUDICE
This action arises under the Americans with Disabilities Act, 42 U.S.C. § 12101. Plaintiff
is proceeding pro se. The matter is before the Court for review of the Report and Recommendation
(Report) of the United States Magistrate Judge suggesting this action be dismissed with prejudice
for failure to prosecute under Federal Civil Procedure Rule 41(b). 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 June 13, 2017, ECF No. 51, 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 this action is DISMISSED WITH PREJUDICE under Rule 41(b) for
failure to prosecute.
IT IS SO ORDERED.
Signed this 30th day of June 2017 in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within thirty days from the
date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.
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