Opinion
C/A No. 2:04-22604-MBS.
December 20, 2005
ORDER
At the time of the underlying complaint, Plaintiff Russell Sidney Jackson was a pretrial detainee at the Hampton County Detention Center in Hampton, South Carolina. Plaintiff, proceeding pro se, brings this action pursuant to 42 U.S.C. § 1983, alleging that Defendants Toyna Smith, Kevin Ruth, and Kenneth Mitchell violated his constitutional rights in various respects.
In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02, D.S.C., this matter was referred to United States Magistrate Judge Robert C. Carr for pretrial handling. On September 27, 2005, Defendants filed a motion for summary judgment. By order filed September 28, 2005, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), Plaintiff was advised of the summary judgment procedure and the possible consequences if he failed to respond adequately. Plaintiff filed no response to Defendants' motion. By order filed November 4, 2005, Plaintiff was given an additional ten days to file his response to the motion for summary judgment. Plaintiff was advised that if he failed to respond, this action would be dismissed for failure to prosecute.
The Magistrate Judge filed a Report and Recommendation on November 28, 2005 in which he recommended that the complaint be dismissed pursuant to Rule 41(b), FRCP for failure to prosecute. Plaintiff filed no objections to the Report and Recommendation.
The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility for making a final determination remains with this court.Mathews v. Weber, 423 U.S. 261, 270 (1976). The court is charged with making a de novo determination of any portions of the Report and Recommendation to which a specific objection is made. The court may accept, reject, or modify, in whole or in part, the recommendation made by the Magistrate Judge or may recommit the matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1). In the absence of objections to the Report, this court is not required to give any explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
The court has reviewed the record. The court adopts the Report and Recommendation and incorporates it herein by reference. Accordingly, the case is dismissed with prejudice pursuant to Rule 41(b) for failure to prosecute.
IT IS SO ORDERED.