Cooper v. Caseworker Messy
Cooper v. Caseworker Messy
Trial Court Opinion
EE oR 8 ‘A * ae Se x HS Rorsp IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION ROSHAWN E. COOPER, § Plaintiff, § § vs. § CIVIL ACTION NO. 1:23-17-MGL-SVH § § CASEWORKER MESSY and DOCTOR § ALLEN, § Defendants. § ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DISMISSING THIS CASE WITH PREJUDICE Plaintiff Roshawn E. Cooper (Cooper) filed this civil rights lawsuit against Caseworker Messy and Doctor Allen,. Cooper is self represented. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting to the Court this case be dismissed without leave to amend. The Report was made in accordance with
28 U.S.C. § 636and 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,
423 U.S. 261, 270(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 March 22, 2023, but Cooper failed to file any objections to the Report. “[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.3d 310, 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,
766 F.2d 841, 845-46(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 this case is DISMISSED WITH PREJUDICE and without leave to amend.
IT IS SO ORDERED. Signed this 10th day of April, 2023, 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 from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.
Reference
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