Summary
granting motion to dismiss where plaintiff alleged air was "saturated with the fumes of feces, the smell of urine and vomit as well as other stale body odors"
Summary of this case from Salmons v. W. Reg'l Jail Auth.Opinion
CIVIL ACTION NO. 1:08-cv-00199.
September 25, 2009
ORDER
This action was referred to the Honorable R. Clarke VanDevort, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and has recommended that the court DISMISS the plaintiff's Complaint. Responses to the Magistrate Judge's proposed findings and recommendations were due on September 21, 2009. Neither party has filed objections to the Magistrate Judge's proposed findings and recommendations.
The failure to object to a magistrate judge's report may be deemed a waiver on appeal of the substance of the report, and the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation. See Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983); Campbell v. United States D. Ct. N.D. Cal., 501 F.2d 196, 206 (9th Cir. 1974). The court has reviewed the Magistrate Judge's findings of fact and recommendations and finds no clear error on the face of the record. Therefore, the court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and orders judgment consistent with the findings and recommendations.
The court DISMISSES the Complaint [Docket 1] and orders that this matter be removed from the court's docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.