Berkeley County Sheriff Wayne Dewitt

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United States District Court, D. South Carolina, Anderson/Greenwood DivisionDec 8, 2009
Civil Action No. 8:09-1717-SB. (D.S.C. Dec. 8, 2009)

Civil Action No. 8:09-1717-SB.

December 8, 2009


This matter is before the Court upon the Plaintiff's pro se complaint filed pursuant to 42 U.S.C. § 1983. By local rule, the matter was referred to a United States Magistrate Judge for preliminary determinations.

On November 4, 2009, United States Magistrate Judge Bruce Howe Hendricks issued a report and recommendation ("R R") analyzing the Plaintiff's complaint and recommending that the Court dismiss the Plaintiff's complaint without prejudice and without issuance and service of process. Attached to the R R was a notice advising the Plaintiff of his right to file specific, written objections to the R R within ten days of the date of service of the R R. The Court mailed a copy of the R R to the Plaintiff, but on November 16, 2009, the Court received the copy returned and marked as undeliverable/gone. On November 16, 2009, however, the Court also received an address update from the Plaintiff. Therefore, the Court mailed a copy of the R R to the Plaintiff's new address. Despite this second mailing, no objections have been filed to date.

Absent timely objection from a dissatisfied party, a district court is not required to review, under a de novo or any other standard, a Magistrate Judge's factual or legal conclusions. Thomas v. Arn, 474 U.S. 140, 150 (1985); Wells v. Shriner's Hosp., 109 F.3d 198, 201 (4th Cir. 1997). Here, because the Plaintiff did not file any specific, written objections, the Court need not conduct a de novo review of any portion of the R R. Accordingly, the Court hereby adopts the Magistrate Judge's R R (Entry 11) as the Order of this Court, and it is

ORDERED that the Defendants' motion for summary judgment is granted, and the Plaintiff's complaint is dismissed with prejudice.