Bennett v. Byers et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendations that this case is DISMISSED without prejudice and without service of process. Signed by Honorable Timothy M Cain on 4/24/12. (kmca)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION Edward B. Bennett, aka Edward Billy Bennett, ) ) ) Plaintiff, ) ) v. ) ) Director SCDC William Byers; ) Warden Levern Cohen, Ridgeland ) Correctional Institution; John Does; ) Jane Does, ) ) Defendants. ) ________________________________) C/A No. 8:12-0742-TMC ORDER Plaintiff, proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983. This matter is before the court for review of the Report and Recommendation of the United States Magistrate Judge Jacquelyn D. Austin made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this court. recommendation has no presumptive weight. The The responsibility to make a final determination remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation 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 his right to file objections to the Report and Recommendation. (Dkt. # 17 at 6). However, Plaintiff filed no objections to the Report and Recommendation. In the absence of objections to the Magistrate Judge’s Report and Recommendation, 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). After a thorough review of the Report and Recommendation and the record in this case, the court adopts the Magistrate Judge’s Report and Recommendation (Dkt. # 17) and incorporates it herein. It is therefore ORDERED that the above-captioned case is DISMISSED without prejudice and without service of process. IT IS SO ORDERED. s/Timothy M. Cain United States District Judge Greenville, South Carolina April 24, 2012

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