Gonzalez v. Sumter County Sheriff's Department et al

Filing 30

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. It is therefore ORDERED that this action is DISMISSED without prejudice. Signed by Honorable Timothy M Cain on 5/22/2018.(cwhi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION
Celestino Anthony Gonzalez, #350615,
Plaintiff,
vs.
Ofc. Glissen,
Defendant.

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Civil Action No. 9:17-3137-TMC

ORDER

Plaintiff, proceeding pro se and in forma pauperis, 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. On March 27, 2018, Plaintiff was
advised to provide additional identification or location information for Defendant, due to the
summons being returned unexecuted. (ECF No. 25). Before the court is the magistrate judge’s
Report and Recommendation (“Report”), filed May 3, 2018. (ECF No. 28). The Report advised
Plaintiff to provide the Court with proof of service on Defendant or present good cause to the
Court for any failure to serve Defendant within 14 days of filing of the Report. Id. at 2–3. In the
event that Plaintiff failed to do so, the Report recommended dismissal. Id. The parties were also
advised of their right to file objections to the Report. Id at 4. However, Plaintiff filed no proof
of service and no objections 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. 28) and incorporates it herein. It is therefore ORDERED
that this action is DISMISSED without prejudice.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
May 22, 2018
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.