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Cox v. United States

United States District Court, D. South Carolina, Anderson/Greenwood Division

July 2, 2015

Paul Leslie Cox, #75206, Plaintiff,
v.
United States, Defendant.

ORDER

TIMOTHY M. CAIN, UNITED STATES DISTRICT JUDGE

Plaintiff, a state prisoner 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 Plaintiff's motion to proceed in forma pauperis be denied and that Plaintiff’s Complaint be dismissed without prejudice if he fails to timely pay the full filing fee because Plaintiff is subject to the “three strikes” rule of the Prison Litigation Reform Act. (ECF No. 9). Plaintiff was advised of his right to file objections to the Report. (ECF No. 9 at 4). 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. 9) and incorporates it herein. It is therefore ORDERED that Plaintiff's Motion for Leave to Proceed in forma pauperis (ECF No. 2) is DENIED, and Plaintiff shall have twenty-one (21) days from the date of this order to pay the $400.00 filing fee. It is further ORDERED that, in the event Plaintiff fails to timely pay the filing fee, the Complaint shall be DISMISSED without prejudice under the three strikes rule of 28 U.S.C. § 1915(g), and the Clerk shall enter final judgment.

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.


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