Hill v. Wachovia Bank NA et al
Filing
22
ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 19 Report and Recommendations. This action is dismissed with prejudice for failure to prosecute. Signed by Honorable Henry M Herlong, Jr on 3/27/09. (awil)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA SPARTANBURG DIVISION David Hill, Appellant, vs. Wachovia Bank, N.A.; Chapter 13 Trustee's Office, Appellees. ) ) ) ) ) ) ) ) ) )
C.A. No. 7:08-3985-HMH-BHH
OPINION AND ORDER
This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Bruce Howe Hendricks, made in accordance with 28 U.S.C. § 636(b)(1) 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 this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation 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. See 28 U.S.C. § 636(b)(1) (2006). The Appellant filed no objections to the Report and Recommendation. In the absence of objections to the magistrate judge's Report and Recommendation, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). 1
After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Hendricks' Report and Recommendation and incorporates it herein. It is therefore ORDERED that this action is dismissed with prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). IT IS SO ORDERED.
s/Henry M. Herlong, Jr. United States District Judge Greenville, South Carolina March 27, 2009
NOTICE OF RIGHT TO APPEAL The Appellant is hereby notified that he has the right to appeal this order within sixty (60) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.
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