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Telford v. Daniels

United States District Court, D. South Carolina, Rock Hill Division
Aug 1, 2006
Civil Action No. 0:06-1701-HFF (D.S.C. Aug. 1, 2006)

Opinion

Civil Action No. 0:06-1701-HFF.

August 1, 2006


ORDER


This is a civil rights action filed under 42 U.S.C. § 1983. Plaintiff is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge recommending that the Court summarily dismiss the complaint. The Report is 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 July 11, 2006, and Plaintiff failed to file any objections to the Report. In the absence of such objections, the Court is not required to give any explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). 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 pursuant to the standards set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of this Court that this complaint be, and the same is hereby, DISMISSED without prejudice.

IT IS SO ORDERED.


Summaries of

Telford v. Daniels

United States District Court, D. South Carolina, Rock Hill Division
Aug 1, 2006
Civil Action No. 0:06-1701-HFF (D.S.C. Aug. 1, 2006)
Case details for

Telford v. Daniels

Case Details

Full title:MOSES TELFORD, JR., Plaintiff, v. WALTER SHAWN DANIELS, Defendant

Court:United States District Court, D. South Carolina, Rock Hill Division

Date published: Aug 1, 2006

Citations

Civil Action No. 0:06-1701-HFF (D.S.C. Aug. 1, 2006)