Verderosa v. Vandermosen et al
Filing
37
ORDER RULING ON REPORT AND RECOMMENDATION. The Magistrate Judge's 35 Report and Recommendation is accepted and Plaintiffs complaint is thereby DISMISSED with prejudice for failure to prosecute. Defendants Motion for Summary Judgment 29 is terminated as MOOT. Signed by Honorable Mary G Lewis on 5/12/2015. (gpre, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Marc Kendell Verderosa,
Plaintiff,
vs.
John Vandermosen, Paul B. Wickensimer,
Defendants.
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Civil Action No. 8:14-3846-MGL
ORDER
On October 6, 2014, the Plaintiff, Marc Kendell Verderosa, (“Plaintiff”), proceeding pro
se, brought this civil action seeking relief pursuant to 42 U.S.C. § 1983. (ECF No. 1). The
matter now comes before this Court for review of the Report and Recommendation (“the
Report”) filed by Magistrate Judge Jacquelyn D. Austin, to whom this case had previously been
assigned.
In the Report, the Magistrate Judge recommends that Plaintiff’s complaint be
dismissed for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure
and other cited authorities. (ECF No. 35). Objections to the Report were due by May 8, 2015.
Plaintiff filed no objections to the Report.
This Court is charged with conducting a de novo review of any portion of the Magistrate
Judge’s Report and Recommendation to which a specific objection is registered, and may accept,
reject, or modify, in whole or in part, the recommendations contained in that Report. 28 U.S.C. §
636. In the absence of objections to the Report and Recommendation of the Magistrate Judge,
this Court is not required to give any explanation for adopting the recommendation. See Camby
v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
The Court has carefully reviewed the Magistrate Judge’s Report and finds no error in the
Report. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the
Magistrate Judge’s Report and Recommendation is ACCEPTED, (ECF No. 35), and Plaintiff’s
complaint is thereby DISMISSED with prejudice for failure to prosecute pursuant to Rule 41(b).
Additionally, in light of the foregoing, Defendants’ Motion for Summary Judgment, (ECF No.
29), is properly terminated as MOOT.
IT IS SO ORDERED.
____s/Mary G. Lewis____
United States District Judge
May 12, 2015
Columbia, South Carolina
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