Opinion
Civil Action 24-3210-MGL
10-01-2024
LONDELL LASHUN ALSTON, Plaintiff, v. MARINA BENDER HAMILTON and RICKEY P. SANDERS, Defendants.
ORDER ADOPTING THE REPORT AND RECOMMENDATION, DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS, AND SUMMARILY DISMISSING THIS CASE WITHOUT PREJUDICE
MARY GEIGER LEWIS, UNITED STATES DISTRICT JUDGE
Plaintiff Londell Lashun Alston (Alston), who is representing himself, filed this action against Defendants Marina Bender Hamilton (Hamilton) and Rickey P. Sanders (Sanders), alleging Hamilton and Sanders violated his constitutional rights under 42 U.S.C. § 1983.
This matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge recommending the Court deny Alston's motion to proceed in forma pauperis and summarily dismiss this case without prejudice. The Report was 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 August 29, 2024. To date, Alston has failed to file any objections.
“[I]n 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 & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). 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 record in this case under the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court Alston's motion to proceed in forma pauperis is DENIED, and this case is summarily DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Signed this 1st day of October 2024, in Columbia, South Carolina.
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within thirty days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.