United States District Court, D. South Carolina, Anderson/Greenwood Division
June 22, 2015
Brandon Lee Bailey, Plaintiff,
Municipality of Greenville County, and John Vandermosen, Defendants.
TIMOTHY M. CAIN, District Judge.
Plaintiff, Brandon Lee Bailey, proceeding pro se, filed this 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 action be dismissed for failure to prosecute. (ECF No. 44). 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 as Addressed - Unable to Forward." (ECF No. 47).
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. 44) and incorporates it herein. Accordingly, this action is DISMISSED 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). Further, Defendants' motion for summary judgment (ECF No. 35) is DENIED as moot.
IT IS SO ORDERED.