Alton Adams v. South Carolina Department of Social Services, Lexington County,...

EE oR a) 6, A HS Rorsp IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION ALTON ADAMS, § Plaintiff, § § § vs. § CIVIL ACTION NO. 3:25-13774-MGL § SOUTH CAROLINA DEPARTMENT OF § SOCIAL SERVICES, LEXINGTON § COUNTY, SHERIFF JAY KOON, KATINA — § REAGAN, and JOHN DOE 1, § Defendant. § ORDER ADOPTING THE REPORT AND RECOMMENDATION, DISMISSING THE ACTION WITHOUT PREJUDICE, AND WITHOUT ISSUANCE AND SERVICE OF PROCESS Plaintiff Alton Adams, who 1s self-represented, brings this action against Defendants South Carolina Department of Social Services, Lexington County, Sheriff Jay Koon, Katina Reagan, and John Doe 1. .

The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting to the Court the amended complaint be summarily dismissed without prejudice and without issuance and service of process. The Magistrate Judge filed the Report in accordance with 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 24, 2026, but Adams 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 . . . 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 the amended complaint is DISMISSED WITHOUT PREJUDICE and without issuance and service of process.

IT IS SO ORDERED.

Signed this 28th day of May, 2026, in Columbia, South Carolina. /s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE ***** NOTICE OF RIGHT TO APPEAL The parties are hereby notified of the right to appeal this Order within sixty days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.