Melvin Jamel Wayne Robinson v. Izaiah Keefer, Dustin Ochiltree, Rock Hill...

IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Melvin Jamel Wayne Robinson, #2425 C/A No.: 0:25-cv-13867-SAL Plaintiff, v. ORDER Izaiah Keefer, Dustin Ochiltree, Rock Hill Police Department, Mr. Officer Leary, Defendants.

Plaintiff Melvin Jamel Wayne Robinson, a state prisoner proceeding pro se, filed this action under 42 U.S.C. § 1983. 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 court dismiss this action without prejudice for failure to prosecute. [ECF No. 13.] 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. 13, it is adopted and incorporated. For the reasons discussed in the Report, this case is DISMISSED WITHOUT PREJUDICE for failure to prosecute under Fed. R. Civ. P. 41(b).

IT ISSO ORDERED.

Sherr tk.

March 19, 2026 Sherri A. em don Columbia, South Carolina United States District Judge