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Barton v. Harper

United States District Court, District of South Carolina, Beaufort Division

January 16, 2015

Bobby Joe Barton, #163629, Plaintiff,
v.
Matthew Harper; Dr. John Tomarchio; Dr. Kocher; and William Byars, Jr., Defendants.

ORDER

R. Bryan Harwell United States District Judge

Plaintiff Bobby Joe Barton, #163629 (“Plaintiff”), a state prisoner proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983 against the above named Defendants on November 12, 2013. See Compl., ECF No. 1. The matter is before the Court for review of the Report and Recommendation (“R & R”) of United States Magistrate Judge Bristow Marchant, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02 for the District of South Carolina. See R & R, ECF No. 87. In the Report and Recommendation, the Magistrate Judge recommends that the Court dismiss this action with prejudice for failure to prosecute. See Id. at 3.

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 this Court. See Mathews v. Weber, 423 U.S. 261, 270–71 (1976). The Court is charged with making a de novo determination of those portions of the Report and Recommendation 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. See 28 U.S.C. § 636(b)(1).

No party has filed objections to the Report and Recommendation. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this Court is not required to give any explanation for adopting the recommendations. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). The Court reviews only for clear error in the absence of an objection. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310 (4th Cir. 2005) (stating that “in the absence of a timely filed objection, a district court need not conduct 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’”) (quoting Fed.R.Civ.P. 72 advisory committee’s note).

After a thorough review of the record in this case, the Court finds no clear error. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted and incorporated by reference. Therefore, it is ORDERED that this action is DISMISSED with prejudice for failure to prosecute and comply with a court order pursuant to Fed.R.Civ.P. 41(b).

IT IS SO ORDERED.


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