Woods v. Favor et al
Filing
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ORDER RULING ON REPORT AND RECOMMENDATION for 32 Report and Recommendation. The Magistrate Judge's Report and Recommendation is adopted as the order of this Court, and this action is hereby dismissed without prejudice. Signed by Honorable A Marvin Quattlebaum, Jr on 5/15/18. (swel, ) Modified text on 5/15/2018 (swel, ).
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
) C/A No. 9:17-cv-02324-AMQ-BM
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ORDER
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Derrick B. Woods, a/k/a Derrick Bernard
Woods, #197161
Plaintiff,
vs.
Officer Favor, Officer Hunter, and Officer
Shaw,
Defendants.
Plaintiff Derrick B. Woods (“Plaintiff”), proceeding pro se, brought this action pursuant
to 42 U.S.C. § 1983. (ECF No. 1). This matter is before the Court for review of the Report and
Recommendation
(“Report”)
of
United
States
Magistrate
Judge
Bristow
Marchant
recommending dismissal of the action without prejudice due to Plaintiff’s failure to prosecute in
accordance with Federal Rule of Civil Procedure 41(b). (ECF No. 32). The Report was issued in
accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B) for the District of South
Carolina.
Magistrate Judge Marchant issued the Report on April 16, 2018. (ECF No. 32). The
Magistrate Judge advised Plaintiff of the right to file objections to the Report, the procedures and
requirements for filing objections to the Report, and the serious consequences if he failed to do
so. (ECF No. 32 at 4). As of the date of this Order, Plaintiff has filed no objections and the time
for doing so has expired.
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight. The responsibility for making a final determination remains with this
Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court may accept, reject, or modify, in
whole or in part, the Report or may recommit the matter to the Magistrate Judge with
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instructions. 28 U.S.C. § 636(b)(1). 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). Furthermore, failure to file specific written
objections to the Report results in a party’s waiver of the right to appeal from the judgment of the
District Court based upon such recommendation. 28 U.S.C. § 636(b)(1); see Wells v. Shriners
Hosp., 109 F.3d 198, 200 (4th Cir. 1997) (“[t]he Supreme Court has authorized the waiver rule
that we enforce… ‘[A] court of appeals may adopt a rule conditioning appeal, when taken from a
district court judgment that adopts a magistrate’s recommendation, upon the filing of objections
with the district court identifying those issues on which further review is desired.’”) (citing
Thomas v. Arn, 474 U.S. 140, 155 (1985)).
After a thorough review of the record, the applicable law, and the Report, the Court finds
the Magistrate Judge’s recommendation to be proper and has determined that there is no clear
error on the face of the record. Accordingly, the Court adopts the recommendation and
incorporates the Report herein by specific reference. For the reasons articulated by the
Magistrate Judge, it is hereby ordered that the Plaintiff’s action be dismissed without prejudice.
ORDERED, that the Magistrate Judge’s Report and Recommendation is adopted as the
order of this Court, and this action is hereby dismissed without prejudice.
IT IS SO ORDERED.
/s/ A. Marvin Quattlebaum, Jr.
United States District Judge
May 15, 2018
Greenville, South Carolina
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*****
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified that any right to appeal this Order is governed by Rules 3
and 4 of the Federal Rules of Appellate Procedure.
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