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Macon v. U.S.

United States District Court, D. South Carolina, Anderson/Greenwood Division
Dec 27, 2005
Civil Action No. 8:05-3105-HFF (D.S.C. Dec. 27, 2005)

Opinion

Civil Action No. 8:05-3105-HFF.

December 27, 2005


ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE


This is an action in which Plaintiff seeks recovery for a deprivation of his human and civil rights, denial of citizenship, and restitution of all taxes paid. Plaintiff is proceeding pro se. The matter is before the Court for review of the report and recommendation (Report) of the United States Magistrate Judge in which she recommends that the Court dismiss the case. The Report is made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina.

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 the Court. Matthews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo determination of those portions of the report 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 may recommit the matter with instructions. 28 U.S.C. § 636(b)(1).

The Magistrate Judge filed her Report on December 5, 2005, and Plaintiff failed to file any objections to the Report. In the absence of such objections, the Court is not required to give any explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).

After a thorough review of the Report and the record in this case pursuant to the standards set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of this Court that the case must be, and hereby is, DISMISSED.

The Court notes that, in another case filed by Plaintiff, he appears to move the Court to recuse itself from consideration of that matter. Macon v. State of S.C., C.A. No. 6:05-3330-HFF-BHH, slip op. at 2 (D.S.C. Dec. 29, 2005). To the extent that Plaintiff meant for that request to include this matter as well, for the reasons set forth in the Court's December 29, 2005, Order in Macon v. State of S.C., Plaintiff's request is hereby denied.

IT IS SO ORDERED.


Summaries of

Macon v. U.S.

United States District Court, D. South Carolina, Anderson/Greenwood Division
Dec 27, 2005
Civil Action No. 8:05-3105-HFF (D.S.C. Dec. 27, 2005)
Case details for

Macon v. U.S.

Case Details

Full title:JOSEPH E. MACON, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants

Court:United States District Court, D. South Carolina, Anderson/Greenwood Division

Date published: Dec 27, 2005

Citations

Civil Action No. 8:05-3105-HFF (D.S.C. Dec. 27, 2005)

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