Opinion
2:21-cv-01345-TMC-MGB
02-01-2022
Izell D. Hair, Plaintiff, v. Brian Kendall, Timothy Clark, Carol Holmes, Albert Mack, Travis Guess, and Shonta Robinson, Defendants.
REPORT AND RECOMMENDATION
MARY GORDON BAKER, UNITED STATES MAGISTRATE JUDGE.
Plaintiff, a state prisoner proceeding pro se, filed this civil action pursuant to 42 U.S.C. § 1983. Plaintiff alleges that Defendants have been denying him exercise, fresh air, and sunlight exposure in violation of his constitutional rights. Now before the Court is Plaintiffs Motion for Partial Dismissal. (Dkt. No. 69.) Plaintiff seeks to dismiss all claims against Defendant Timothy Clark. (Id.) On January 28, 2022, Defendants filed a Response in Support of Plaintiff s Partial Motion. (Dkt. No. 83.) In that Response, Defendants state that they “have no obj ection and consent to Plaintiffs Motion.” (Id.) Because Defendants consent to the dismissal of all claims brought against Defendant Timothy Clark, the undersigned RECOMMENDS that Plaintiff s Motion (Dkt. No. 69) be GRANTED. In the event the Court agrees with this recommendation, the undersigned further recommends that the Clerk of Court amend the docket to remove Defendant Timothy Clark from this civil action.
IT IS SO RECOMMENDED.
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).