Crawford v. FBOP Bennettsville FCI et al

Filing 32

ORDER RULING ON REPORT AND RECOMMENDATION accepts 29 Report and Recommendation. Action is DISMISSED pursuant to Federal Rule of Civil Procedure 41(b) for lack of prosecution. Signed by Chief Judge Terry L Wooten on 12/2/2016. (gpre, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
Billy Ray Crawford,

)
)
Plaintiff,
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v.
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)
Officer Lowry,
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Defendant.
)
____________________________________)

Civil Action No. 8:16-cv-1165-TLW

ORDER

On April 11, 2016, Plaintiff Billy Ray Crawford, (“Plaintiff”) brought this action, pro se,
pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388
(1971). ECF No. 1. Defendant filed a Motion to Dismiss, or in the Alternative, for Summary
Judgment on August 9, 2016. ECF No. 23. On August 10, 2016, Plaintiff was advised that if he
failed to respond, this action would be dismissed. ECF No. 24. On September 19, 2016, Plaintiff
was advised again that if he failed to respond, the action would be dismissed. The Order also
extended the deadline to respond until October 11, 2016. ECF No. 26. Despite these filings,
Plaintiff failed to respond to the motion.
This matter now comes before the Court for review of the Report and Recommendation
(Athe Report@) filed by United States Magistrate Judge Jacquelyn D. Austin, to whom this case had
previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2),
(D.S.C.). ECF No. 29. In the Report, the Magistrate Judge recommends that the Complaint be
dismissed pursuant to Federal Rule of Civil Procedure 41(b). Id. Objections were due on
November 3, 2016, however, Plaintiff failed to file 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, 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 Report and relevant filings. For the reasons
articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge=s Report
and Recommendation, ECF No. 29, is ACCEPTED, and this action is DISMISSED pursuant to
Federal Rule of Civil Procedure 41(b) for lack of prosecution. 1
IT IS SO ORDERED.
__s/Terry L. Wooten______
Chief United States District Judge
December 2, 2016
Columbia, South Carolina

1

This Court notes the Plaintiff did not respond to the Motion to Dismiss, or in the Alternative, for Summary
Judgment filed by the Defendant. The analysis in that filing supports dismissal of this action on the merits.