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Lisenby v. Reynolds

United States District Court, D. South Carolina

June 25, 2015

Billy Lee Lisenby, Jr., Plaintiff,
v.
Warden Cecilia Reynolds, Lt. Robert Miller, Grievance Clerk P. Hough, James S. Sligh, Jr., Major D. Seward, A. Sellers, DHO, Counsel Substitute Armstrong, and Mr. Padula, Defendants.

ORDER

DAVID C. NORTON, UNITED STATES DISTRICT JUDGE.

The above referenced case is before this court upon the magistrate judge's recommendation that this action be dismissed with prejudice for failure to prosecute.

This court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1). However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend for the district court to review the factual and legal conclusions of the magistrate judge. Thomas v Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984), cert. denied, 467 U.S. 1208 (1984).[1] No objections have been filed to the magistrate judge’s report and recommendation.

A de novo review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. Accordingly, the magistrate judge’s report and recommendation is AFFIRMED, and this action is DISMISSED with prejudice for failure to prosecute.

AND IT IS SO ORDERED.

NOTICE OF RIGHT TO APPEAL

The parties are hereby notified that any right to appeal this Order is governed by Rules 3 and 4 of the Federal Rules of Appellate Procedure.


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