Rouse v. Vital Core Health Strategies
Rouse v. Vital Core Health Strategies
Trial Court Opinion
EE oR 8 ‘A * ae iG x nS Rorsp IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION KENNETH ONEIL ROUSE JR., § Plaintiff, § § vs. § CIVIL ACTION NO. 4:24--1756-MGL § NATALIE BELL, § Defendant. § ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DISMISSING THIS CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE Plaintiff Kenneth Oneil Rouse Jr. (Rouse), who is representing himself, filed this lawsuit against Defendant Natalie Bell. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge recommending to the Court this case be dismissed for failure to prosecute. 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 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,
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 October 31, 2024, but Rouse 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 & Accident Ins. Co.,
416 F.3d 310, 315(4th Cir. 2005). 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. It is therefore the judgment of the Court this case is DISMISSED WITHOUT PREJUDICE for failure to prosecute. IT IS SO ORDERED. Signed this 7th day of January, 2025, in Columbia, South Carolina. /s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE
***** NOTICE OF RIGHT TO APPEAL Rouse is 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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