gE oR vA * = Ge x Ask. My! Ay omseae IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION WILLIAM SEABROOK, § Petitioner, § § vs. § § CIVIL ACTION NO. 4:19-3092-MGL WARDEN KENDALL, § Respondent. § ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DISMISSING THE PETITION WITH PREJUDICE FOR FAILURE TO PROSECUTE This case was filed as a

action. Petitioner William Seabrook (Seabrook) is self represented. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting the petition be dismissed with prejudice for failure to prosecute pursuant to Fed. R. Civ. Proc. 41(b). In the alternative, the Magistrate Judge recommends Respondent Warden Kendall’s motion for summary judgment be granted and the petition be dismissed without an evidentiary hearing. The Report was made in accordance with

and Local Civil Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only arecommendation to this Court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with the Court. Mathews v. Weber,

(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.

(b)(1). The Magistrate Judge filed the Report on March 3, 2020, but Seabrook 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.3d310, 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,

(4th Cir. 1985). After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court the petition is DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Fed. R. Civ. Proc. 41(b).

IT IS SO ORDERED. Signed this 15th day of April, 2020, in Columbia, South Carolina. /s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE ***** NOTICE OF RIGHT TO APPEAL The parties are hereby notified of the right to appeal this Order within thirty days, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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