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RILEY v. BARTLETT, 6:14-350-TMC. (2014)

Court: District Court, D. South Carolina Number: infdco20140909a77 Visitors: 6
Filed: Sep. 08, 2014
Latest Update: Sep. 08, 2014
Summary: ORDER TIMOTHY M. CAIN, District Judge. Plaintiff, proceeding pro se, filed this action 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 (1) Defendant's motion to dismiss (ECF No. 26) be granted, and (2) any pending nondispositive motions be rendered a
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ORDER

TIMOTHY M. CAIN, District Judge.

Plaintiff, proceeding pro se, filed this action 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 (1) Defendant's motion to dismiss (ECF No. 26) be granted, and (2) any pending nondispositive motions be rendered as moot upon adoption of the Report. Plaintiff was advised of her right to file objections to the Report. (ECF No. 38 at 10). 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. 38) and incorporates it herein. Accordingly, Defendant's motion to dismiss (ECF No. 26) is GRANTED, and all remaining motions are DENIED as moot.

IT IS SO ORDERED.

Source:  Leagle

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