Opinion
Civil Action 3:19-3486-MGL-TER
03-09-2022
ALFRED DOMENICK WRIGHT, Plaintiff, v. JOSH LOOMIS, UNKNOWN FEDERAL AGENTS, THOMAS GRIFFIN JR., LEXINGTON COUNTY DETENTION CENTER, CORRECT CARE SOLUTIONS, and UNKNOWN UNITED STATES MARSHALS, Defendants.
ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DISMISSING WITH PREJUDICE CERTAIN DEFENDANTS WITHOUT ISSUANCE AND SERVICE OF PROCESS
MARY GEIGER LEWIS, UNITED STATES DISTRICT JUDGE
Plaintiff Alfred Domenick Wright (Wright) filed this lawsuit against the other above-named defendants. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that Defendants Lexington County Detention Center and Correct Care Solutions be dismissed with prejudice and without issuance and service of process. 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 March 23, 2021, but Wright 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 & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed.R.Civ.P. 72 advisory committee's note). 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 Defendants Lexington County Detention Center and Correct Care Solutions are DISMISSED WITH PREJUDICE and without issuance and service of process.
IT IS SO ORDERED.
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within sixty days from the date hereof, pursuant to the Federal Rules of Appellate Procedure.