Scott v. State of South Carolina
Filing
55
ORDER RULING ON REPORT AND RECOMMENDATION for 51 . The Plaintiffs motion for voluntary dismissal is GRANTED and the case is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Mary Geiger Lewis on 10/30/2015. (kric, )
J
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION DIVISION
WANDA RENAE SCOTT,
Plaintiff,
vs.
STATE OF SOUTH CAROLINA,
Defendant.
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§ Civil Action No. 8:14-1944-MGL-KFM
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ORDER ADOPTING THE REPORT
AND GRANTING PLAINTIFF’S MOTION FOR VOLUNTARY DISMISSAL
This is a civil action filed by Plaintiff, who 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 that Plaintiff’s motion for voluntary dismissal be granted and that this case be dismissed
without prejudice.. 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 October 8, 2015, 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.3d310, 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 that Plaintiff’s motion for voluntary dismissal is GRANTED and that this case is
DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Signed this 30th day of October, 2015, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
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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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