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Smith v. Beasley

United States District Court, D. South Carolina, Rock Hill Division
Jul 24, 2007
CIVIL ACTION NO. 0:07-1641-HFF-BM, CIVIL ACTION NO. 0:07-1642-HFF-BM (D.S.C. Jul. 24, 2007)

Summary

adopting magistrate judge's Report and Recommendation, which cites Horton v. Marovich

Summary of this case from Merriweather v. Reynolds

Opinion

CIVIL ACTION NO. 0:07-1641-HFF-BM, CIVIL ACTION NO. 0:07-1642-HFF-BM.

July 24, 2007


ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND DISMISSING THE CASES WITHOUT PREJUDICE AND WITHOUT ISSUANCE AND SERVICE OF PROCESS


These cases were filed as 42 U.S.C. § 1983 actions. 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 suggesting that these cases be dismissed without prejudice and without issuance and service of process. 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. Mathews 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 recommit the matter with instructions. 28 U.S.C. § 636(b)(1).

The Magistrate Judge filed the Report on July 3, 2007. Plaintiff failed to file any objections to the Report. In the absence of 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 records in these cases pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of this Court that these cases must be DISMISSED without prejudice and without issuance and service of process.

IT IS SO ORDERED.

NOTICE OF RIGHT TO APPEAL

Plaintiff is hereby notified of the right to appeal this Order within sixty (60) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.


Summaries of

Smith v. Beasley

United States District Court, D. South Carolina, Rock Hill Division
Jul 24, 2007
CIVIL ACTION NO. 0:07-1641-HFF-BM, CIVIL ACTION NO. 0:07-1642-HFF-BM (D.S.C. Jul. 24, 2007)

adopting magistrate judge's Report and Recommendation, which cites Horton v. Marovich

Summary of this case from Merriweather v. Reynolds
Case details for

Smith v. Beasley

Case Details

Full title:ZACHARY FRANKLIN SMITH, Plaintiff, v. DAVID BEASLEY, Governor of South…

Court:United States District Court, D. South Carolina, Rock Hill Division

Date published: Jul 24, 2007

Citations

CIVIL ACTION NO. 0:07-1641-HFF-BM, CIVIL ACTION NO. 0:07-1642-HFF-BM (D.S.C. Jul. 24, 2007)

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Merriweather v. Reynolds

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