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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION TAMMY D. LINDSAY, § § VS. § CIVIL ACTION NO. 0:21-14-MGL-PJG § EXEL INC., DHL Supply Chain, § Defendant. § ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE PURSUANT TO FED. R. CIV. P. 4(M) Plaintiff Tammy Lindsay (Lindsay) filed this civil action against Defendant Exel, Inc., DHL Supply Chain. The matter is before the Court for review of the Report and Recommendation of the United States Magistrate Judge suggesting this action be dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m). The Report was made in accordance with 28 U.S.C.§ 636 and Local Civil Rule 73.02 for the District of South Carolina. 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 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. 28 U.S.C.§ 636(b)(1).

The Magistrate Judge filed the Report on August 26, 2021, but Lindsay 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.,

(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). Therefore, after a thorough review of the Report and the record in this case pursuant to the standards set forth above, the Court, adopts the Report and incorporates it herein. Therefore, it is the judgment of this Court Lindsay’s lawsuit is DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 4(m). IT IS SO ORDERED.

Signed this 21st day of October, 2021, in Columbia, South Carolina. s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE

***** NOTICE OF RIGHT TO APPEAL Lindsay is hereby notified of the right to appeal this Order within thirty days from the date hereof, pursuant to the Federal Rules of Appellate Procedure.