IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION RICHLAND CENTRAL TRAFFIC COURT, § Plaintiff, § VS. CIVIL ACTION NO. 3:22-3405-MGL-SVH JEROME GARCIA, Defendant. § ~--s ORDER ADOPTING THE REPORT AND RECOMMENDATION AND REMANDING THIS CASE TO STATE COURT Defendant Jerome Garcia, who is self represented, removed this case to this Court. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting this case be remanded to state court. 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.

(b)(1). The Magistrate Judge filed the Report on October 5, 2022, but neither party filed 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). 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 this Court that this case is REMANDED to state court. IT IS SO ORDERED. Signed this 25th day of October, 2022, in Columbia, South Carolina.

/s/ Mary G. Lewis MARY G. 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 from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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