Opinion
Civil Action No. 6:14-cv-194-TMC
10-15-2014
Richard Eugene Davidson, Plaintiff, v. Warden Kenny Atkinson, Sandra Lathrop, Ms. Cheek, SIA Jones, and Counselor Bryant, Defendants.
ORDER
Plaintiff, a federal prisoner proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983. 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 Plaintiff's motion for voluntary dismissal (ECF No. 48) be granted and this action dismissed without prejudice. (ECF No. 52). The parties were advised of their right to file objections to the Report. (ECF No. 52). No objections have been filed 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. 52) and incorporates it herein. It is therefore ORDERED that Plaintiff's motion for voluntary dismissal (ECF No. 48) is GRANTED, and this action is DISMISSED without prejudice. It is further ORDERED that Defendants' motion to dismiss or, in the alternative, for summary judgment (ECF No. 33) is DENIED as moot.
IT IS SO ORDERED.
s/ Timothy M. Cain
United States District Court Judge
October 15, 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.