From Casetext: Smarter Legal Research

Tisdale v. South Carolina Highway Patrol

United States District Court, D. South Carolina, Rock Hill Division
May 27, 2009
CIVIL ACTION NO. 0:09-1009-HFF-PJG (D.S.C. May. 27, 2009)

Opinion

CIVIL ACTION NO. 0:09-1009-HFF-PJG.

May 27, 2009


ORDER


This is a civil rights action filed under 42 U.S.C. § 1983. Plaintiff is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that the case be dismissed with prejudice pursuant to 28 U.S.C. § 1915(g). The Report was made 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 May 1, 2009, but Plaintiff failed to file any objections to the Report. In the absence of such objections, the Court is not required to give any explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).

In the Report, the Magistrate Judge denied Plaintiff's motion to proceed in forma pauperis and recommended that this action be dismissed if Plaintiff failed to timely pay the filing fee within ten days. Plaintiff failed to do so.

Thus, 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. Therefore, it is the judgment of the Court that the case be DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(g). In light of this disposition, Plaintiff's pending motion to appoint counsel [3] is rendered MOOT.

IT IS SO ORDERED.

NOTICE OF RIGHT TO APPEAL

The parties are hereby notified of the right to appeal this Order within 30 days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.


Summaries of

Tisdale v. South Carolina Highway Patrol

United States District Court, D. South Carolina, Rock Hill Division
May 27, 2009
CIVIL ACTION NO. 0:09-1009-HFF-PJG (D.S.C. May. 27, 2009)
Case details for

Tisdale v. South Carolina Highway Patrol

Case Details

Full title:CLAYTON HOWARD TISDALE, Plaintiff, v. SOUTH CAROLINA HIGHWAY PATROL and…

Court:United States District Court, D. South Carolina, Rock Hill Division

Date published: May 27, 2009

Citations

CIVIL ACTION NO. 0:09-1009-HFF-PJG (D.S.C. May. 27, 2009)

Citing Cases

Young v. Dir. of Florence Cnty. Det. Ctr.

The court may also take judicial notice of factual information located in postings on government web sites.…

Young v. Warden of Perry Corr. Inst.

The undersigned takes judicial notice of the records filed in Young's underlying state court case, as well…