Pauling v. Wright et al

Filing 49

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. It is therefore ORDERED that Plaintiffs action, (ECF No. 1), be DISMISSED without prejudice. Signed by Honorable J Michelle Childs on 1/15/2016.(cwhi, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION Courtney Lamont Pauling, ) ) Plaintiff, ) ) v. ) ) Chuck Wright; Neal Urch; ) William J. Church; T. Hadden; ) A. Styles, ) ) Defendants. ) ____________________________________) Civil Action No. 9:14-cv-04501-JMC ORDER Plaintiff, proceeding pro se, brought this action seeking relief pursuant to 42 U.S.C. § 1983. (ECF No. 1.) This matter is before the court for review of the Magistrate Judge’s Report and Recommendation (“Report”) (ECF No. 45), filed on October 27, 2015, recommending that Plaintiff’s action, (ECF No. 1), be dismissed without prejudice. The Report sets forth in detail the relevant facts and legal standards on this matter, and the court incorporates the Magistrate Judge’s recommendation herein without a recitation. 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, and the recommendation 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, and the court may accept, reject, or modify, in whole or in part, the Magistrate Judge’s recommendation or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1). 1 In this case, Plaintiff was advised of the right to file an objection to the Report “within fourteen (14) days of the date of service of the Report and Recommendation,” or by November 13, 2015. (ECF No. 21.) Plaintiff filed an Objection on December 22, 2015. (ECF No. 47.) “[I]n 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 finds that the Report provides an accurate summary of the facts and law and that there is no clear error. Therefore, the court ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 45). It is therefore ORDERED that Plaintiff’s action, (ECF No. 1), be DISMISSED without prejudice. IT IS SO ORDERED. United States District Judge January 15, 2016 Columbia, South Carolina 2

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