Opinion
C.A. No. 9:08-302-HMH-GCK.
April 17, 2008
OPINION AND ORDER
This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge George C. Kosko, made in accordance with 28 U.S.C. § 636(b)(1) 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 this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation 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. See 28 U.S.C. § 636(b)(1) (2006).
The Plaintiff filed no objections to the Report and Recommendation. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
The Plaintiff filed a motion for reconsideration on March 26, 2008, requesting additional time to file objections because he contends that he never received a copy of the Magistrate Judge's Report and Recommendation. An order was entered on March 28, 2008, granting the motion for reconsideration and giving the Plaintiff ten days to file any objections to the Report and Recommendation. The objections were due on April 14, 2008. To date, Wall has filed no objections.
After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Kosko's Report and Recommendation and incorporates it herein. It is therefore
ORDERED that this matter is dismissed without prejudice and without issuance and service of process.