IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA

) C/A No. 9:19-0501-BHH Muhammad Al-Mujahidin, f/k/a John ) Hamilton, #57330-004, )

) ORDER AND OPINION Plaintiff, )

) vs. )

) Defendant Sgt. Butler and Ofc. Hunter )

) Defendants.

This matter is before the Court for review of the Report and Recommendation of United States Magistrate Judge Bristow Marchant, made in accordance with

(b) and Local Rule 73.02 for the District of South Carolina. On June 12, 2019, Magistrate Judge Marchant issued a Report and Recommendation (“Report”) recommending this this action be dismissed, without prejudice in accordance with Federal Rule of Civil Procedure 41, because Plaintiff failed to bring this case into proper form. (ECF No. 20.) 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 this Court. See Mathews v. Weber,

, 270–71 (1976). The Court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge.

(b)(1). The Court may also receive further evidence or recommit the matter to the Magistrate Judge with instructions.

The Court is charged with making a de novo determination of those portions of the Report to which specific objections are made. Plaintiff filed no objections and the time for doing so expired on July 1, 2019. In the absence of objections to the Magistrate Judge’s Report, this Court is not required to provide an explanation for adopting the recommendation. See Camby v. Davis,

(4th Cir. 1983). Moreover, “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.,

(4th Cir. 2005) (quoting Fed. R. Civ. P. 72 and advisory committee’s note). Here, because no objections have been filed, the Court has reviewed the Magistrate Judge’s findings and recommendations for clear error. Finding none, the Court agrees with the Magistrate Judge that the complaint is subject to summary dismissal without prejudice. Accordingly, the Report and Recommendation (ECF No. 20) is adopted and incorporated herein by reference, and this action is DISMISSED without prejudice.

IT IS SO ORDERED. /s/Bruce Howe Hendricks United States District Judge

August 8, 2019 Greenville, South Carolina

***** NOTICE OF RIGHT TO APPEAL The parties are hereby notified that any right to appeal this Order is governed by Rules 3 and 4 of the Federal Rules of Appellate Procedure.