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Pelzer v. South Carolina, Office Ofgovernor

United States District Court, D. South Carolina, Anderson/Greenwood Division

June 9, 2014

Thomas Pelzer, aka Thomas Lee Pelzer, formerly 311633, Plaintiff,
v.
South Carolina, Office of the Governor; Nikki Haley, Defendants.

ORDER

TIMOTHY M. CAIN, District Judge.

Plaintiff, proceeding pro se, 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"), recommending that the case be dismissed without prejudice and without service of process. Plaintiff was advised of his right to file objections to the Report. (ECF No. 14 at 3). However, Plaintiff filed 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, 270-71 (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 Report (ECF No. 14) and incorporates it herein. It is therefore ORDERED that the above-captioned case is DISMISSED without prejudice and without service of process.

IT IS SO ORDERED.


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