United States District Court, D. South Carolina, Spartanburg Division
June 5, 2015
Tatanisha L Hood, Plaintiff,
County of Cherokee Administration; Holland Beleau; Brian Estes, Defendants.
Timothy M. Cain United States District Judge.
Plaintiff, Tatanisha L. Hood, proceeding pro se, filed this civil rights 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 court dismiss Plaintiff’s case without prejudice for failure to prosecute. (ECF No. 15). Plaintiff has not filed any objections to the Report. In fact, the Report, which was mailed to Plaintiff’s last known address, was returned as undeliverable and marked “Return to Sender – Not Deliverable – Unable to Forward.” (ECF No. 18).
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 record in this case, the court adopts the Report (ECF No. 15) and incorporates it herein. Accordingly, Plaintiff’s case is DISMISSED without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b) and the factors outlined in Chandler Leasing Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir. 1982). See Ballard v. Carlson, 882 F.2d 93 (4th Cir. 1989).
IT IS SO ORDERED.
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.