Natalie Burton & All Occupants v. Retreat A Broadriver

District Court, D. South Carolina

Natalie Burton & All Occupants v. Retreat A Broadriver

Trial Court Opinion

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

Natalie Burton & All Occupants, ) ) Case No. 3:25-cv-13368-JDA Plaintiff, ) ) v. ) OPINION AND ORDER ) Retreat A Broadriver, ) ) Defendant. ) ________________________________ )

This matter is before the Court on Plaintiff’s Complaint and a Report and Recommendation (“Report”) of the Magistrate Judge. [Docs. 1; 9.] In accordance with

28 U.S.C. § 636

(b) and Local Civil Rule 73.02(B)(2), D.S.C., this matter was referred to United States Magistrate Shiva V. Hodges for initial review. Plaintiff’s pro se Complaint, entered on the docket on November 12, 2025, seeks to “stop [Plaintiff’s] eviction” due to “medi[c]al issues.” [Doc. 1 at 5.] On November 13, 2025, the Magistrate Judge issued a Report recommending that the Complaint be summarily dismissed for lack of subject matter jurisdiction. [Doc. 9 at 3–4.] The Magistrate Judge advised Plaintiff of the procedures and requirements for filing objections to the Report and the serious consequences if she failed to do so. [Id. at 6.] Plaintiff has not filed objections 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 this Court. 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). The Court will review the Report only for clear error in the absence of an objection. See Diamond v. Colonial Life & Accident Ins.,

416 F.3d 310, 315

(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” (internal quotation marks omitted)). The Court has reviewed the record in this case, the applicable law, and the Report of the Magistrate Judge for clear error. Having done so, the Court accepts the Report and Recommendation of the Magistrate Judge and incorporates it by reference. Accordingly, Plaintiff’s Complaint [Doc. 1] is DISMISSED without prejudice for lack of subject matter jurisdiction. IT IS SO ORDERED. s/ Jacquelyn D. Austin United States District Judge December 16, 2026 Columbia, South Carolina

NOTICE OF RIGHT TO APPEAL The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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