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Dominick v. Cartledge

United States District Court, D. South Carolina

May 13, 2014

Charles M. Dominick, Petitioner,
v.
Leroy Cartledge, Warden, Respondent.

ORDER

JOSEPH F. ANDERSON, Jr., District Judge.

The pro se petitioner, Charles M. Dominick, is an inmate with the South Carolina Department of Corrections. He brings this action pursuant to 28 U.S.C. ยง 2254 challenging his 2009 conviction for involuntary manslaughter and assault and battery with intent to kill.

The Magistrate Judge assigned to this action[1] has prepared a Report and Recommendation wherein she suggests that this court should dismiss the action for lack of prosecution pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The respondent filed a motion for summary judgment, however, the petitioner did not respond to the motion.[2] The Report sets forth in detail the relevant facts and standards of law on this matter, and the court incorporates such without a recitation.

The petitioner was advised of his right to file objections to the Report and Recommendation, which was entered on the docket on April 22, 2014. However, the plaintiff did not file objections and the time within which to do so has now expired. In the absence of specific objections to the Report of the Magistrate Judge, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

The Magistrate Judge has allowed the petitioner time to respond to the court's various orders and the petitioner has failed to do so. This court agrees with the Magistrate Judge that the petitioner meets all of the criteria for dismissal under Rule 41(b). See Ballard v. Carlson, 882 F.2d 93 (4th Cir. 1989), Davis v. Williams, 588 F.2d 69 (4th Cir. 1978).

Accordingly, this action is dismissed with prejudice for lack of prosecution. The Clerk shall docket the respondent's motion for summary judgment (ECF No. 33) and motion to strike (ECF No. 35) as moot.

IT IS SO ORDERED.


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