Brown v. Mansukhani

Filing 11

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. It is the judgment of the Court that Plaintiffs action is DISMISSED WITHOUT PREJUDICE for failure to prosecute. Signed by Honorable Mary G Lewis on 7/30/2015.(cwhi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION
WILLIAM BENJAMIN BROWN,
Petitioner,
vs.
WARDEN MANSUKHANI,
Respondent.

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§ CIVIL ACTION NO. 9:15-1871-MGL-BM
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ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THE ACTION WITHOUT PREJUDICE
FOR FAILURE TO PROSECUTE
This is a 28 U.S.C. § 1361 action. Plaintiff is proceeding pro se. The matter is before the
Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge
suggesting to the Court that Plaintiff’s action be dismissed without prejudice for failure to prosecute.
The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District
of South Carolina.
The Magistrate Judge makes only a recommendation to this Court. The recommendation has
no presumptive weight. The responsibility to make a final determination remains with the Court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report to which specific objection is made, and the Court may
accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or
recommit the matter with instructions. 28 U.S.C. § 636(b)(1).

The Magistrate Judge filed the Report on July 1, 2015, but Plaintiff failed to file any
objections. “[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). Moreover, a failure to
object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard set
forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of
the Court that Plaintiff’s action is DISMISSED WITHOUT PREJUDICE for failure to prosecute.
IT IS SO ORDERED.
Signed this 30th day of July, 2015, in Columbia, South Carolina.
s/ Mary G. Lewis
MARY G. LEWIS
UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL
Plaintiff is hereby notified of the right to appeal this Order within thirty days from the date
hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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