R. BRYAN HARWELL, District Judge.
Plaintiff Raymond Edward Chestnut ("Plaintiff"), a federal prisoner proceeding pro se, filed this action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 397 (1971) ("Bivens") on July 9, 2013. See Compl., ECF No. 1. In response, Defendants United States of America; Rory Thompson, Correctional Officer; T. McGirt, Correctional Officer; and LeRoy Jones, individually and in their official capacities ("Defendants") filed a motion to dismiss, or in the alternative, for summary judgment. See Mot., ECF No. 33. On March 5, 2014, the Magistrate Judge issued a Report and Recommendation ("R & R") recommending that this action be dismissed and pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute.
The Court received filings from both parties. After taking into consideration the arguments of the parties and the evidence they presented, the Court noted that it had some concern as to whether Plaintiff's response was timely filed. See ECF No. 56 at 3. Nevertheless, the Court found that dismissal solely on the grounds of failure to prosecute was unwarranted due to the open question on the timeliness of Plaintiff's response. See id. In light of Plaintiff's pro se status, the Court decided to issue an Order recommitting the matter back to the Magistrate Judge for further action. See id. at 4. The Order directed the Magistrate Judge to prepare a new R & R upon review of the arguments in Defendants' motion to dismiss or in the alternative for summary judgment and Plaintiff's response in opposition. See id. The Court warned Plaintiff, however, that any additional late filings due to insufficient postage would not be considered. Id. at 4.
The matter is now before the Court after the issuance of a Second Report and Recommendation (the "Second R & R") of United States Magistrate Judge Shiva V. Hodges. In the Second R & R, the Magistrate Judge recommends that the Court grant Defendants' motion for summary judgment and dismiss the action. See Second R & R, ECF No. 63 at 13.
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 this Court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The Court is charged with making a de novo determination of those portions of the Report and Recommendation 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. See 28 U.S.C. § 636(b)(1).
Neither party has filed objections to the Second Report and Recommendation.
After a thorough review of the record in this case, the Court finds no clear error. Accordingly, the Second Report and Recommendation of the Magistrate Judge is adopted and incorporated by reference. Therefore, it is