Holmes v. Whitney

Filing 22

ORDER adopting 19 Report and Recommendation. Plaintiff's complaint is DISMISSED without prejudice and without issuance and service of process. Signed by Honorable Timothy M Cain on 6/26/2014.(ssam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION
George Holmes,
Plaintiff,
vs.
Rebecca Whitney, W0901,
Defendant.

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Civil Action No. 9:14-1190-TMC

ORDER

Plaintiff, proceeding pro se and in forma pauperis, 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 the court dismiss Plaintiff’s
complaint without prejudice and without issuance and service of process. (ECF No. 19.)
Although advised of his right to do so, Plaintiff has not filed objections to the Report and the
time to do so as 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 record in this case, the court finds no clear error and,
therefore, adopts the Report (ECF No. 19) and incorporates it herein. Accordingly, Plaintiff’s
complaint is DISMISSED without prejudice and without issuance and service of process.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
June 26, 2014
Anderson, South Carolina

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.