Opinion
C.A. No. 3:06-618-HMH-JRM.
May 17, 2006
OPINION ORDER
This matter is before the court with the Report and Recommendation of United States Magistrate Judge Joseph R. McCrorey, made in accordance with 28 U.S.C. § 636(b)(1) and Local Rule 73.02 DSC. Donney Shawyn Council ("Council"), a state prisoner proceeding pro se, alleges violations to his civil rights pursuant to 42 U.S.C. § 1983. In his Report and Recommendation dated April 26, 2006, Magistrate Judge McCrorey recommends dismissing the case without prejudice and without requiring the Defendants to file a return. Council filed an untitled document on May 2, 2006, which the court construes liberally as objections to the Report and Recommendation. Objections to the Report and Recommendation must be specific. Failure to file specific objections constitutes a waiver of a party's right to further judicial review, including appellate review, if the recommendation is accepted by the district judge. See United States v. Schronce, 727 F.2d 91, 94 n. 4 (4th Cir. 1984). In the absence of specific 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 recommendation has no presumptive weight, and the responsibility for making a final determination remains with the United States District 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. The court may accept, reject, or modify, in whole or in part, the recommendation made by the Magistrate Judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1).
Upon review, the court finds that Council's objections are non-specific, unrelated to the dispositive portions of the Magistrate Judge's Report and Recommendation, or merely restate his claims. Therefore, after a thorough review of the Magistrate Judge's Report and the record in this case, the court adopts Magistrate Judge McCrorey's Report and Recommendation.
Therefore, it is
ORDERED that this case is dismissed without prejudice and without requiring the Defendants to file a return.
IT IS SO ORDERED.