Opinion
C. A. 4:24-cv-1048-JD-TER
05-13-2024
Jessica Faecher, Plaintiff, v. Commissioner of Social Security Admin., Defendant.
REPORT AND RECOMMENDATION
Thomas E. Rogers, III United States Magistrate Judge
On March 1, 2024, Plaintiff filed a Complaint and a “Motion for Order Pursuant to Customer Challenge Provisions of the Right to Financial Privacy Act of 1978,” citing 12 U.S.C. § 3410. (ECF No. 13 at 1). On April 3, 2024, the court denied Plaintiff's motion. (ECF No. 19). On April 24, 2024, Defendant filed a Motion to Dismiss, or in the Alternative, for Summary Judgment. (ECF No. 24). Pro se Plaintiff responded with what has been liberally construed as a Motion for Voluntary Dismissal. (ECF No. 27). Plaintiff stated she filed the Complaint in error and “would like the case or complaint dismissed.” (ECF No. 27). Pursuant to Fed. R. Civ. Proc. R. 41(a)(2), it is recommended that Plaintiff's Motion for Voluntary Dismissal be granted and this action be dismissed without prejudice. Should the district court adopt this recommendation, Defendant's Motion to Dismiss, or in the alternative for Summary Judgment(ECF No. 24) will be rendered moot. See also Davidson v. Atkinson, No. 6:14-cv-KFM-TMC, 2014 WL 5305817, at *2 (D.S.C. Oct. 15, 2014).
Parties' attention is directed to the important notice on the next page.
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 2317
Florence, South Carolina 29503
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).