Witherspoon v. Jones et al

Filing 38

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. This action is DISMISSED WITH PREJUDICE under Rule 41(b) forfailure to prosecute. Signed by Honorable Mary Geiger Lewis on 1/9/2018.(cwhi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION
JARODE J.D.L. WITHERSPOON,
Plaintiff,
vs.
NURSE JONES, Full Name Unknown, SIA
Wing on Kirkland Yard and M. MILEY,
Mental Health,
Defendants.

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§ Civil Action No. 9:17-01027-MGL-BM
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ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THE COMPLAINT WITH PREJUDICE
This action arises under 42 U.S.C. § 1983. 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 this action be dismissed with prejudice for failure to prosecute
under Federal Civil Procedure Rule 41(b). 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 December 21, 2017, ECF No. 36, but Plaintiff
failed to file any objections to the Report. “[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 this action is DISMISSED WITH PREJUDICE under Rule 41(b) for
failure to prosecute.
IT IS SO ORDERED.
Signed this 9th day of January 2018 in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL
The parties are 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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