Budden v. Newton et al

Filing 45

ORDER adopting 37 Report and Recommendation. Accordingly, this action is dismissed with prejudice under Federal Rule of Civil Procedure 41(b). Defendants' 35 Motion to dismiss is denied as moot. Signed by Honorable Richard M Gergel on 3/31/14. (kmca)

IN THE UNITED STATES DISTRICT COURJ'lrt"

FOR THE DISTRICT OF SOUTH CAROLINA~ c,
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LeAndre Dion Budden,
Plaintiff,

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1014 MAR 3 I P 3: 53
No.8: 13-cv-2206-RMG

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v.

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Mr. Newton, et aI.,

ORDER

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Defendants.

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This matter is before the Court on the Report and Recommendation ("R&R") of the
Magistrate Judge recommending that this action be dismissed with prejudice under Federal Rule
of Civil Procedure 41(b). (Dkt. No. 37). As set forth below, the Court agrees with and adopts
the R&R as the order of the Court.
Background

Plaintiff, a state prisoner proceeding pro se, brought this action pursuant to 42 U.S.C.

§ 1983. Pursuant to 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(e) DSC, this case was
assigned to a Magistrate Judge for all pretrial proceedings. On August 29,2013, the Magistrate
Judge issued an order alerting Plaintiff of his duty to keep the Court infonned of his current
address. (Dkt. No.9). However, as is evident by the record in this case, Plaintiff has failed to do
so. In response, the Magistrate Judge issued an R&R recommending this case be dismissed with
prejudice. (Dkt. No. 37). Plaintiff filed no objections to the R&R.
Legal Standard

The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight, and the responsibility for making a final detennination remains with
this Court. Mathews v. Weber, 423 U.S. 261, 270-71 (1976). This Court is charged with making

a de novo determination of those portions of the R&R to which specific objection is made.
Additionally, the Court may "accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(l). This Court may also
"receive further evidence or recommit the matter to the magistrate judge with instructions." Id.
Discussion

After review of the record and the R&R, the Court finds that the Magistrate Judge applied
sound legal principles to the facts of this case and therefore agrees with and adopts the R&R as
the order of the Court.
Conclusion

As set forth above, the Court agrees with and adopts the R&R as the order of the Court.
(Dkt. No. 37). Accordingly, this action is dismissed with prejudice under Federal Rule of Civil
Procedure 41(b). Defendants' motion to dismiss is denied as moot. (Dkt. No. 35).
AND IT IS SO ORDERED.

rucf!s;r1?

United States District Court Judge

March .:s 1,2014
Charleston, South Carolina

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