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Bates v. Foster

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

September 16, 2014

JOHN BATES, Plaintiff,
v.
SHERIFF LEE FOSTER, UNKNOWN AGENTS OF THE NEWBERRY COUNTY SHERIFF'S DEPARTMENT, and DETECTIVE ROBERT DENNIS, Defendants.

ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DISMISSING DEFENDANTS UNKNOWN AGENTS OF THE NEWBERRY SHERIFF'S DEPARTMENT WITHOUT PREJUDICE AND WITHOUT ISSUANCE AND SERVICE OF PROCESS

MARY G. LEWIS, District Judge.

This case was filed as a 42 U.S.C. § 1983 action. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that Defendants Unknown Agents of the Newberry Sheriff's Department be dismissed from this action without prejudice and without issuance and service of process. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina.

The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with the Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo determination of those portions of the Report to which specific objection is made, and the Court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1).

The Magistrate Judge filed the Report on August 20, 2014, but Plaintiff failed to file any objections. "[I]n 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). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).

After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of this Court that Defendants Unknown Agents of the Newberry Sheriff's Department are DISMISSED WITHOUT PREJUDICE and without issuance and service of process.

IT IS SO ORDERED.


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