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Lewis v. Wilson

United States District Court, D. South Carolina, Florence Division

July 29, 2015

LARRY JAMIE LEWIS, Plaintiff,
v.
DWAYNE WILSON, CURTIS BROWN, and GERALD ERVIN, Defendants.

AMENDED ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DISMISSING THE ACTION WITH PREJUDICE FOR FAILURE TO PROSECUTE

MARY G. LEWIS, District Judge.

This is a 42 U.S.C. § 1983. Plaintiff is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting to the Court that Plaintiff's action be dismissed with prejudice for failure to prosecute. In the alternative, the Magistrate Judge recommends that the action be dismissed inasmuch as Plaintiff has failed to demonstrate and/or provide any liability and/or set forth any damages such that a default judgment is proper. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina.

The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with the Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo determination of those portions of the Report to which specific objection is made, and the Court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1).

The Magistrate Judge filed the Report on June 26, 2015, but Plaintiff failed to file any objections. "[I]n 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). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).

After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court that Plaintiff's action is DISMISSED WITH PREJUDICE for failure to prosecute.

IT IS SO ORDERED.


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