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Cooper v. Buffington, 2:19-3015-BHH-BM. (2020)

Court: District Court, D. South Carolina Number: infdco20200309b87 Visitors: 17
Filed: Feb. 05, 2020
Latest Update: Feb. 05, 2020
Summary: REPORT AND RECOMMENDATION BRISTOW MARCHANT , Magistrate Judge . This action has been filed by the Plaintiff seeking relief pursuant to Title 42, United States Code, 1983, and the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671, et. seq. On December 23, 2019, the Defendants filed a motion to dismiss or for summary judgment, seeking dismissal of this case because Plaintiff failed to exhaust her administrative remedies under the FTCA prior to filing this lawsuit, and has failed to state a
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REPORT AND RECOMMENDATION

This action has been filed by the Plaintiff seeking relief pursuant to Title 42, United States Code, § 1983, and the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671, et. seq. On December 23, 2019, the Defendants filed a motion to dismiss or for summary judgment, seeking dismissal of this case because Plaintiff failed to exhaust her administrative remedies under the FTCA prior to filing this lawsuit, and has failed to state a proper claim under § 1983.1 However, notwithstanding having been granted two (2) extensions of time, Plaintiff has failed to file any response to the Defendants' motion, which is now before the Court for disposition.

Based on the foregoing, it is recommended that this action be dismissed for lack of prosecution. See Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Rule 41(b), Fed.R.Civ.P.; see also Coker v. International Paper Co., No. 08-1865, 2010 WL 1072643, at * 2 (D.S.C. March 18, 2010) [Noting that plaintiff can abandon claims by failing to address them in response to a dispositive motion.]; Jones v. Family Health Ctr., Inc., 323 F.Supp.2d 681, 690 (D.S.C. 2003) [Noting that claim not addressed in opposition memorandum had been abandoned].

The parties are referred to the Notice Page attached hereto.

Notice of Right to File Objections to Report and Recommendation

The parties are advised that they may file specific written objections to this Report and Recommendation with the District Judge. Objections must specifically identify the portions of the Report and Recommendation to which objections are made and the basis for such 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 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee's note).

Specific written objections must be filed within fourteen (14) days of the date of service of this Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); see Fed. R. Civ. P. 6(a), (d). Filing by mail pursuant to Federal Rule of Civil Procedure 5 may be accomplished by mailing objections to:

Robin L. Blume, Clerk United States District Court Post Office Box 835 Charleston, South Carolina 29402

Failure to timely file specific written objections to this Report and Recommendation will result in waiver of the right to appeal from a judgment of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).

FootNotes


1. Defendants also assert that Plaintiff has named an improper party Defendant.
Source:  Leagle

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