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Maybin v. Spartanburg County Sheriff's Dept.

United States District Court, D. South Carolina, Rock Hill Division

April 24, 2015

Larry Percell Maybin, Plaintiff,
v.
Spartanburg County Sheriff's Dept.; Deputy Robert Morrison; Deputy Derrick McBryer; Cpl. Shannon Greene; Phillip Martin; Jason Long; Brad James; Natalie Smith; Spartanburg County Detention Center, Defendants.

ORDER

TIMOTHY M. CAIN, District Judge.

Plaintiff Larry Percell Maybin, a pretrial detainee proceeding pro se, brought this civil rights action pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b)(1) and Local Civ. Rule 73.02, DSC, 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 Defendants Spartanburg County Detention Center and Spartanburg County Sheriff's Department be dismissed from this case without prejudice and without issuance and service of process. (ECF No. 24). Plaintiff was advised of his right to file objections to the Report. (ECF No. 24 at 6). 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 Magistrate Judge's Report (ECF No. 24) and incorporates it herein. It is therefore ORDERED that Defendants Spartanburg County Detention Center and Spartanburg County Sheriff's Department are DISMISSED without prejudice and without issuance and service of process.

IT IS SO ORDERED.


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