Opinion
Civil Action No. 6:14-314-TMC
10-31-2014
Emad A. Alnazli, Plaintiff, v. Cheddars Casual Café, Inc., Defendant.
ORDER
Plaintiff, proceeding pro se and in forma pauperis, filed this action alleging a claim for racial/job discrimination pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000, et seq. 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 Defendant's motion to dismiss and to compel arbitration be granted. (ECF No. 39). Plaintiff was advised of his right to file objections to the Report. (ECF No. 39, p. 6). 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. 39) and incorporates it herein. Accordingly, Defendant's motion to dismiss and to compel arbitration (ECF No. 30) is GRANTED.
IT IS SO ORDERED.
s/Timothy M. Cain
Timothy M. Cain
United States District Judge
October 31, 2014
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.