John F. McArthur v. Corporal “Shover” et. al.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION JOHN F. MCARTHUR, § Plaintiff, § § VS. § CIVIL ACTION NO. 2:25-08733-MGL-MGB § CORPORAL “SHOVER” ET. AL., § Defendants. § ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DISMISSING THIS CASE WITH PREJUDICE FOR LACK OF PROSECUTION AND FAILURE TO COMPLY WITH THE COURT’S ORDERS Plaintiff John F. McArthur, who is self represented, filed this lawsuit against Defendants Corporal “Shover” et. al., The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge recommending to the Court this action be dismissed with prejudice for lack of prosecution and failure to comply with the Court’s orders, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and the factors outlined in Chandler Leasing Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir. 1982). The Report was made pursuant to 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 March 25, 2026, but McArthur failed to file any objections to the Report. “[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 . . . to accept the recommendation.’” Diamond v. Colonial Life &Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). 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 pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. It is therefore the judgment of the Court this action is DISMISSED WITH PREJUDICE for lack of prosecution and failure to comply with the Court’s orders.

IT IS SO ORDERED.

Signed this 15th day of April, 2026, in Columbia, South Carolina.

/s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE ***** NOTICE OF RIGHT TO APPEAL McArthur is hereby notified of the right to appeal this Order within thirty days from the date