Gino Roberto Trombini, Jr. v. Weldon Eugene Holtzclaw, Jr.

District Court, D. South Carolina

Gino Roberto Trombini, Jr. v. Weldon Eugene Holtzclaw, Jr.

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR DISTRICT OF SOUTH CAROLINA

Gino Roberto Trombini, Jr., #0882, C/A No.: 1:25-cv-12598-SAL

Plaintiff,

v. ORDER Weldon Eugene Holtzclaw, Jr.,

Defendant.

This matter is before the court on the Report and Recommendation (the “Report”) issued by United States Magistrate Judge Shiva V. Hodges, made in accordance with

28 U.S.C. § 636

(b) and Local Civil Rule 73.02(B)(2) (D.S.C.), recommending the complaint be dismissed without prejudice failure to prosecute. [ECF No. 14.] Attached to the Report was a notice advising Plaintiff of the procedures and requirements for filing objections to the Report.

Id. at 5

. Plaintiff has not objected to the Report, and the time to do 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). Finding no clear error in the Report, ECF No. 14, it is adopted and incorporated. Accordingly, this action is SUMMARILY DISMISSED without prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. IT ISSO ORDERED.

November 21, 2025 Sherri A. Lydon Columbia, South Carolina United States District Judge

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