Wilder v. Joye

District Court, D. South Carolina

Wilder v. Joye

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION

Timothy Wilder, C/A No. 4:22-cv-4674-SAL

Plaintiff,

v. ORDER T.J. Joye, Florence County Sheriff; Deputy Tyrone Porter; Deputy Brooks Urquhart; Deputy Paul Morrison; Darral Cox; and Hunter Cox,

Defendants.

Plaintiff Timothy Wilder filed this action in state court on August 23, 2022, asserting claims under

42 U.S.C. § 1983

and state law. ECF No. 1-1. Defendants removed the case on December 27, 2022. ECF No. 1. This matter is now before the court on the report and recommendation of United States Magistrate Judge Kaymani D. West, made in accordance with

28 U.S.C. § 636

(b) and Local Civil Rule 73.02(B)(2) (D.S.C.), which recommends dismissal with prejudice for lack of prosecution. ECF No. 85. No party filed objections to the report, and the time for doing so has expired. The magistrate judge makes only a recommendation to this court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with this court. See Mathews v. Weber,

423 U.S. 261

, 270–71 (1976). The court is charged with making a de novo determination of only those portions of the Report that have been specifically objected to, and the court may accept, reject, or modify the Report, in whole or in part.

28 U.S.C. § 636

(b)(1). In the absence of objections, the court is not required to provide an explanation for adopting the Report and 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) (citing Fed. R. Civ. P. 72 advisory committee’s note). After reviewing the Report, the applicable law, and the record of this case in accordance with the above standard, the court finds no clear error, adopts the Report, ECF No. 85, and incorporates it by reference herein. As a result, Defendants’ motions to dismiss for lack of prosecution, ECF Nos. 74, 78, are GRANTED and this action is DISMISSED with prejudice. IT IS SO ORDERED. Sherr tk. February 10, 2025 Shern A. Lydon Columbia, South Carolina United States District Judge

Reference

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