Opinion
Civil Action No. 6:13-2941-TMC
12-10-2013
Michael Alexander Milledge, #340057, Plaintiff, v. Greenville County Sheriffs Office; Sylvia Paris Harrison, Defendants.
ORDER
Plaintiff, a state prisoner proceeding pro se, brought this action seeking the return of his personal property. Because Plaintiff alleges a deprivation by a state employee, the court reviews his complaint under 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter was referred to a magistrate judge for pretrial handling. Before the court is the magistrate judge's Report and Recommendation ("Report"), recommending that Plaintiff's complaint be dismissed without prejudice for failure to state a claim. Plaintiff was advised of his right to file objections to the Report. (ECF No. 10 at 7). However, Plaintiff filed no objections to the Report, and the time to do so has now run.
The Report has no presumptive weight and the responsibility to make a final determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). In the absence of objections, this court is not required to provide an explanation for adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, "in 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, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee's note).
After a thorough review of the Report and the record in this case, the court adopts the magistrate judge's Report (ECF No. 10) and incorporates it herein. It is therefore ORDERED that Plaintiff's complaint is DISMISSED without prejudice.
IT IS SO ORDERED.
Timothy M. Cain
United States District Court Judge
December 10, 2013
Anderson, South Carolina
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.