Ashby v. Tollison et al

Filing 62

ORDER adopting 53 Report and Recommendation, denying 41 Motion for Summary Judgment as moot. The court DISMISSES Plaintiff's Complaint with prejudice pursuant to Federal Rule of Civil Procedure 41(b). Signed by Honorable J Michelle Childs on 6/21/2017.(abuc)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION William Mark Ashby, ) ) Plaintiff, ) ) v. ) ) Officer Tollison; Major Joe Tyson, ) ) Defendants. ) ____________________________________) Civil Action No. 8:16-cv-02581-JMC ORDER This matter is before the court upon review of Magistrate Judge Jacquelyn D. Austin’s Report and Recommendation (“Report”) (ECF No. 53), filed on April 19, 2017, recommending that Plaintiff William Mark Ashby’s Complaint be dismissed pursuant to Federal Rule of Civil Procedure 41(b) for failing to respond to Defendant’s Motion for Summary Judgment. (ECF No. 41.) The Magistrate Judge’s Report is 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, which has no presumptive weight. 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 to which specific objections are made. The parties were advised of their right to file objections to the Report. (ECF No. 53-1.) However, neither party filed any objections to the Report. In the absence of objections to the Magistrate Judge’s Report, 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 1   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). Furthermore, failure to file specific written objections to the Report results in a party’s waiver of the right to appeal from the judgment of the District Court based upon such recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985). After a thorough review of the Report and the record in this case, the court finds the Report provides an accurate summary of the facts and law and it does not contain clear error. The court ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 53). Moreover, Defendants’ Motion for Summary Judgment (ECF No. 41) is DENIED as moot and the court DISMISSES Plaintiff’s Complaint with prejudice pursuant to Federal Rule of Civil Procedure 41(b). IT IS SO ORDERED. United States District Judge June 21, 2017 Columbia, South Carolina     2  

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?