Reaves v. Marion County School District

D. South Carolina

Reaves v. Marion County School District

District Court, D. South Carolina·Decided April 15, 2020·No. 4:19-cv-02922·Unknown

Opinion

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

Kathy Reaves, Case No. 4:19-cv-02922-TLW PLAINTIFF v. Order Marion County School District, et al., DEFENDANTS

Plaintiff Kathy Reaves, proceeding , filed this civil action alleging various federal and state causes of action. ECF No. 1. The matter now comes before the Court for review of the Report and Recommendation (Report) filed by the magistrate judge to whom this case was assigned. ECF No. 11. After reviewing the Complaint, the magistrate judge issued a proper form order and an order notifying Plaintiff of deficiencies in her complaint and permitting her to file an amended complaint. She failed to respond to either order or otherwise cure the deficiencies outlined. In the Report, the magistrate judge recommends that Plaintiff’s case be dismissed without prejudice under Rule 41(b) for failure to prosecute due to her failure to respond to these orders, despite being informed of the potential consequences of doing so. Plaintiff did not file objections to the Report. This matter is now ripe for decision. The Court is charged with conducting a review of any portion of the Report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that Report. 28 U.S.C. § 636. In the absence of objections to the Report, the Court is not required to give any explanation for adopting the recommendation. , 718 F.2d 198, 200 (4th Cir. 1983). In such a case, “a district court need not conduct a 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.’” , 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). The Court has carefully reviewed the Report. For the reasons stated by the magistrate judge, the Report, ECF No. 11, is ACCEPTED. This action is hereby DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.

Terry L. Wooten Senior United States District Judge April 15, 2020 Columbia, South Carolina

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

Kathy Reaves, Case No. 4:19-cv-02922-TLW PLAINTIFF v. Order Marion County School District, et al., DEFENDANTS

Plaintiff Kathy Reaves, proceeding , filed this civil action alleging various federal and state causes of action. ECF No. 1. The matter now comes before the Court for review of the Report and Recommendation (Report) filed by the magistrate judge to whom this case was assigned. ECF No. 11. After reviewing the Complaint, the magistrate judge issued a proper form order and an order notifying Plaintiff of deficiencies in her complaint and permitting her to file an amended complaint. She failed to respond to either order or otherwise cure the deficiencies outlined. In the Report, the magistrate judge recommends that Plaintiff’s case be dismissed without prejudice under Rule 41(b) for failure to prosecute due to her failure to respond to these orders, despite being informed of the potential consequences of doing so. Plaintiff did not file objections to the Report. This matter is now ripe for decision. The Court is charged with conducting a review of any portion of the Report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that Report. 28 U.S.C. § 636. In the absence of objections to the Report, the Court is not required to give any explanation for adopting the recommendation. , 718 F.2d 198, 200 (4th Cir. 1983). In such a case, “a district court need not conduct a 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.’” , 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). The Court has carefully reviewed the Report. For the reasons stated by the magistrate judge, the Report, ECF No. 11, is ACCEPTED. This action is hereby DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.

Terry L. Wooten Senior United States District Judge April 15, 2020 Columbia, South Carolina

Reaves v. Marion County School District, (D.S.C. 2020).

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