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Dempsey v. Greenville Heritage Federal Credit Union

United States District Court, D. South Carolina, Greenville Division

April 8, 2015

Arthur Lewis Dempsey, Jr., Plaintiff,
v.
Greenville Heritage Federal Credit Union; Rick Stephens, Defendants.

ORDER

TIMOTHY M. CAIN, District Judge.

Plaintiff, Arthur Lewis Dempsey, Jr., filed this action alleging Defendants violated federal and South Carolina laws. In accordance with 28 U.S.C. ยง 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 Plaintiff's action be dismissed without prejudice and without issuance and service of process. 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, 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 magistrate judge's Report (ECF No. 18) and incorporates it herein. Accordingly, Plaintiff's action is DISMISSED without prejudice and without issuance and service of process.

IT IS SO ORDERED.


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