Maldonado v. South Carolina, State of et al

Filing 17

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. The Court DISMISSES this case without prejudice pursuant to Federal Rule of Civil Procedure 41(b). Signed by Honorable R Bryan Harwell on 4/3/2017.(cwhi, )

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION Danielle Star Maldonado, ) ) Plaintiff, ) ) v. ) ) State of South Carolina, Lexington County ) Detention Center, Lexington County ) Sheriff’s Office, Correct Care Solutions, ) Governor Nikki Haley, Captain Adam ) Myrick, Detective Shannon Dykes, and ) NFN Stark, ) ) Defendants. ) ____________________________________) Civil Action No.: 9:16-cv-03467-RBH ORDER Plaintiff Danielle Star Maldonado, proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983. The matter is before the Court for review of the Report and Recommendation (R & R) of United States Magistrate Judge Bristow Marchant, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02 for the District of South Carolina. See R & R, ECF No. 13. The Magistrate Judge recommends that the Court dismiss this case without prejudice pursuant to Federal Rule of Civil Procedure 41(b). R & R at 2. The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight, and 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 R & R 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. See 28 U.S.C. § 636(b)(1). Plaintiff has not filed objections to the R & R, and the time for doing so has expired.1 In the absence of objections to the R & R, the Court is not required to give any explanation for adopting the Magistrate Judge’s recommendations. See Camby v. Davis, 718 F.2d 198, 199-200 (4th Cir. 1983). The Court reviews only for clear error in the absence of an objection. See Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that “in the absence of a timely filed objection, a district court need not conduct 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’” (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 hereby adopts and incorporates by reference the R & R [ECF No. 13] of the Magistrate Judge. Accordingly, the Court DISMISSES this case without prejudice pursuant to Federal Rule of Civil Procedure 41(b). IT IS SO ORDERED. Florence, South Carolina April 3, 2017 1 s/ R. Bryan Harwell R. Bryan Harwell United States District Judge Objections were due by March 20, 2017. See ECF No. 13. 2

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