Benfield v. Jules et al

Filing 34

ORDER adopting 32 Report and Recommendation of Magistrate Judge Bristow Marchant; granting 31 Motion to Dismiss. This action is DISMISSED without prejudice. Signed by Honorable Timothy M Cain on 1/9/2017.(ssam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION
Steven Benfield, #32161A,
Plaintiff,
vs.
Dr. Jules, Nurse Canon,
Nurse Barnette and Nurse Oakes,
Defendants.

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Civil Action No. 9:16-1725-TMC

ORDER

Plaintiff, 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 for voluntary dismissal of
his complaint (ECF No. 31) be granted and this action dismissed without prejudice. (ECF No.
32). The parties were advised of their right to file objections to the Report. (ECF No. 32 at 3).
No objections have been filed 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. 32) and incorporates it herein. It is therefore ORDERED
that Plaintiff’s motion for voluntary dismissal (ECF No. 31) is GRANTED, and this action is
DISMISSED without prejudice.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
January 9, 2017
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.