Vaughn v. Greenwood County Detention Center
Vaughn v. Greenwood County Detention Center
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION
Scott Schanen Vaughn, ) Case No.: 9:21-00040-JD ) Plaintiff, ) ) vs. ) ) OPINION & ORDER Greenwood County Detention Center;) Southern Health Partners; Donna Miller, ) ) Defendants. ) )
This matter is before the Court for review of the Report and Recommendation of United States Magistrate Molly H. Cherry (“Report and Recommendation”), made in accordance with
28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 of the District of South Carolina.1 Scott Schanen Vaughn (“Vaughn” or “Plaintiff”) filed his Complaint on January 6, 2021. (DE 1.) On February 17, 2021, the court issued an Order requiring the Plaintiff to amend his complaint to bring it into proper form for service. (DE 9, p. 4.) Plaintiff failed to bring the case into proper form as ordered and has not made contact with the Court. The Report and Recommendation was issued on March 31, 2021, recommending the case be dismissed without prejudice. (DE 13.) Plaintiff filed no objections to the Report and Recommendation. In the absence of objections to the Report and Recommendation, this Court is not required to give any explanation for adopting the recommendation. See Camby v. Davis,
718 F.2d 198, 199(4th Cir. 1983). The Court must “only satisfy itself that there is no clear error on the face of the record in order to accept
1 The recommendation has no presumptive weight, and the responsibility for making a final determination remains with the United States District Court. See Mathews v. Weber,
423 U.S. 261, 270- 71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation to which specific objection is made. The court may accept, reject, or modify, in whole or in part, the recommendation made by the magistrate judge or recommit the matter with instructions.
28 U.S.C. § 636(b)(1). the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co.,
416 F.3d 310, 315(4th Cir. 2005). Upon review of the Report and Recommendation and the record in this case, the Court adopts the Report and Recommendation and incorporates it herein by reference. It is, therefore, ORDERED that this action be dismissed without prejudice.
IT IS SO ORDERED. C Joseph dessona
Joseph Dawson, III United States District Judge Greenville, South Carolina June 4, 2021
NOTICE OF RIGHT TO APPEAL Plaintiff is hereby notified that he has the right to appeal this order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.
Reference
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