FOR THE DISTRICT OF SOUTH CAROLINA Darnell Khan, )

) Plaintiff, C/A No.: 9:18-3130-BHH )

) vs. ) ORDER AND OPINION ) Bryan P. Stirling, et al., )

) 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 July 24, 2019, the Magistrate Judge issued a Report and Recommendation recommending that this case be dismissed without prejudice and without issuance and service of process. (ECF No. 29.) Moreover, the Magistrate Judge recommends that any state law claims be dismissed without prejudice. (Id.) 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 and Recommendation to which specific objections are made. Plaintiff filed no objections and the time for doing so expired on July 29, 2019. In the absence of objections to the Magistrate Judge’s Report and Recommendation, this Court is not required to provide an explanation for adopting the recommendation. See 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 Plaintiff’s claims against Defendants are subject to summary dismissal for the reasons stated in the Report and Recommendation. Accordingly, the Report and Recommendation is adopted and incorporated herein by reference and this action is DISMISSED without prejudice and without issuance and service of process. IT IS SO ORDERED.

/s/Bruce Howe Hendricks United States District Judge

August 22, 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.