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

Michael Mitchell, ) Case No. 7:24-cv-03561-DCC ) Plaintiff, ) ) v. ) ORDER ) Sun Paper Company and Royal ) Converting Inc., ) ) Defendants. ) ________________________________ )

This matter is before the Court upon Defendants’ motion to dismiss for lack of prosecution. ECF No. 28. In accordance with

(b) and Local Civil Rule 73.02(B)(2), (D.S.C.), this matter was referred to United States Magistrate Judge Kevin F. McDonald for pre-trial proceedings and a Report and Recommendation (“Report”). The motion to dismiss was filed on March 6, 2025. On March 7, 2025, this Court issued an order pursuant to Roseboro v. Garrison,

(4th Cir. 1975), advising Plaintiff of the summary judgment/dismissal procedure and the possible consequences for failing to respond adequately. Plaintiff did not respond. The Magistrate Judge issued a second order directing Plaintiff to file a response. To date, no response has been filed. On May 14, 2025, the Magistrate Judge issued a Report recommending that the motion be granted. ECF No. 36. The Magistrate Judge advised Plaintiff of the procedures and requirements for filing objections to the Report and the serious consequences for failing to do so. Plaintiff has not filed objections to the Report and the time to do so has lapsed. 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 the Court. See Mathews v. Weber,

(1976). The Court is charged with making a de novo determination of any portion of the Report of the Magistrate Judge to which a specific objection is made. The Court may accept, reject, or modify, in whole or in part, the recommendation made by the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See

(b). The Court will review the Report only for clear error in the absence of an objection. See

Diamond v. Colonial Life & Accident Ins. Co.,

(4th Cir. 2005) (stating that “in 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.” (citation omitted)). After considering the record in this case, the applicable law, and the Report of the

Magistrate Judge, the Court finds no clear error and agrees with the Report’s recommendation. The motion to dismiss [28] is GRANTED and this action is dismissed pursuant to Federal Rule of Civil Procedure 41(b). IT IS SO ORDERED.

s/ Donald C. Coggins, Jr. United States District Judge July 30, 2025 Spartanburg, South Carolina