Tyler v. Hudson

District Court, D. South Carolina

Tyler v. Hudson

Trial Court Opinion

Es si eal Syne /S ny Cori” IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION LARRY JAMES TYLER, § Plaintiff, § § vs. § Civil Action No.: 4:24-4137-MGL § SHERIFF JAMES HUDSON, TRAVIS § BOYKIN, MEDICAL DIRECTOR § SHANNON O’NEIL, and CAPT. ALLISON —§ DAYS, § Defendants. § ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DISMISSING THIS CASE WITHOUT PREJUDICE, WITHOUT FUTHER LEAVE TO AMEND, AND WITHOUT ISSUANCE AND SERVICE OF PROCESS Plaintiff Larry James Tyler (Tyler), who is representing himself, filed this civil rights action against Defendants Sheriff James Hudson, Travis Boykin, Medical Director Shannon O’Neil, and Capt. Allison Days, alleging violations of his constitutional rights under 42 U.S.C.§ 1983. This matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge recommending the Court dismiss this case without prejudice, without further leave to amend, and without issuance and service of process. 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,

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 May 20, 2025. To date, Tyler has 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 under the standards set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court this case is DISMISSED WITHOUT PREJUDICE, without further leave to amend, and without issuance and service of process. IT IS SO ORDERED.

Signed this 2nd day of July 2025, in Columbia, South Carolina. s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE

***** NOTICE OF RIGHT TO APPEAL

Tyler is hereby notified of his 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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