Benfield v. Piedmont Medical Center EMS
Filing
16
ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. It is therefore ORDERED that this action is DISMISSED without prejudice and without issuance and service of process. Signed by Honorable Timothy M Cain on 7/9/2018.(cwhi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION
Steven Benfield,
Plaintiff,
vs.
Piedmont Medical Center E.M.S.,
Defendant.
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Civil Action No. 9:18-973-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. Before the court is the magistrate
judge’s Report and Recommendation (“Report”), filed June 19, 2018. (ECF No. 14). The
Report recommends that this court dismiss Plaintiff’s Complaint without prejudice and without
issuance and service of process. Id. The parties were advised of their right to file objections to
the Report. Id at 10. However, no objections have been filed 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. 14) and incorporates it herein. It is therefore ORDERED
that this action is DISMISSED without prejudice and without issuance and service of process.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
July 9, 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.
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