Simmons v. McMaster

District Court, D. South Carolina

Simmons v. McMaster

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION

Johnathan D. Simmons, Case No. 8:20-cv-02745-TLW PLAINTIFF v. Order Governor Henry McMaster, Brian P Stirling, Dennis Patterson, DEFENDANTS.

Plaintiff Johnathan D. Simmons, proceeding pro se, filed this civil action pursuant to

42 U.S.C. § 1983

, alleging violations of his constitutional rights. ECF No. 1. The matter now comes before the Court for review of the Report and Recommendation (Report) filed by the magistrate judge to whom this case was assigned. ECF No. 8. After reviewing the Complaint, the magistrate judge issued a proper form order notifying Plaintiff of deficiencies in his suit and providing the Plaintiff the opportunity to remedy the deficiencies and submit certain required paperwork. Plaintiff failed to respond to the order or otherwise cure the deficiencies. In the Report, the magistrate judge recommends that Plaintiff’s case be dismissed without prejudice under Rule 41(b) for failure to prosecute due to his failure to respond to the order, despite being informed of the potential consequences of doing so. Plaintiff did not file objections to the Report. This matter is now ripe for decision. The Court is charged with conducting a de novo review of any portion of the Report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that Report.

28 U.S.C. § 636

. In the absence of objections to the Report, the Court is not required to give any explanation for adopting the recommendation. See Camby v. Davis,

718 F.2d 198, 200

(4th Cir. 1983). In such a case, “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 & Accident Ins. Co.,

416 F.3d 310, 315

(4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). The Court has carefully reviewed the Report. For the reasons stated by the magistrate judge, the Report, ECF No. 8, is ACCEPTED. This action is hereby

DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. s/ Terry L. Wooten Terry L. Wooten Senior United States District Judge September 18, 2020 Columbia, South Carolina

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