Cox v. State of South Carolina et al
ORDER RULING ON REPORT AND RECOMMENDATION adopts 8 Report and Recommendation. Plaintiff's Motion for Leave to Proceed in forma pauperis (ECF No. 2) is DENIED, and Plaintiff shall have twenty-one (21) days from the dat e of this order to pay the $400.00 filing fee. It is further ORDERED that, if Plaintiff fails to timely pay the filing fee, the Complaint shall be DISMISSED without prejudice under the three strikes rule of 28 U.S.C. § 1915(g), and the Clerk shall enter final judgment. Signed by Honorable Timothy M Cain on 5/11/2017. (gpre, ) Modified on 5/11/2017 to edit text (gpre, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Paul Leslie Cox, #75206,
State of South Carolina, Allen Wilson, and )
Robert M. Dudek, et al.,
C.A. No. 8:17-580-TMC
Plaintiff, a state prisoner proceeding pro se, filed this action pursuant to 42 U.S.C. §
1983. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter
was referred to a magistrate judge for pretrial handling. Before the court is the magistrate
judge’s Report and Recommendation (“Report”), recommending that Plaintiff's motion to
proceed in forma pauperis (ECF No. 2) be denied, Plaintiff be given an opportunity to pay the
full filing fee, and the matter be dismissed without prejudice if Plaintiff does not pay the filing
fee. (ECF No. 8). Plaintiff was advised of his right to file objections to the Report. (ECF No. 8
at 5). However, Plaintiff filed no objections to the Report and the time to do so has now run.
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
adopting the Report. 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 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).
After a thorough review of the Report and the record in this case, the court adopts the
Magistrate Judge's Report (ECF No. 8) and incorporates it herein. It is therefore ORDERED
that Plaintiff's Motion for Leave to Proceed in forma pauperis (ECF No. 2) is DENIED, and
Plaintiff shall have twenty-one (21) days from the date of this order to pay the $400.00 filing fee.
It is further ORDERED that, if Plaintiff fails to timely pay the filing fee, the Complaint shall be
DISMISSED without prejudice under the three strikes rule of 28 U.S.C. § 1915(g), and the
Clerk shall enter final judgment.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
Anderson, South Carolina
May 11, 2017
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4
of the Federal Rules of Appellate Procedure.
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