Smith v. Ayllene et al, No. 6:2023cv02698 - Document 22 (D.S.C. 2023)
Court Description: OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION Defendants' motion to proceed in forma pauperis, ECF No. 2 , is denied. Plaintiff is provided twenty-one (21) days from the date of this order to pay the filing fee or the case will be dismissed. Signed by Honorable Henry M Herlong, Jr on 9/14/23. (rweb, )
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Smith v. Ayllene et al 6:23-cv-02698-HMH-KFM Date Filed 09/14/23 Entry Number 22 Page 1 of 2 Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Khammesherma Smith, Plaintiff, vs. Dr. Ayllene, Lakeyna Campbell, Defendants. ) ) ) ) ) ) ) ) ) C.A. No. 6:23-2698-HMH-KFM OPINION & ORDER This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Kevin F. McDonald, 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 plaintiff 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). The court must “only satisfy itself that there is no clear error on the face 1 Dockets.Justia.com 6:23-cv-02698-HMH-KFM Date Filed 09/14/23 Entry Number 22 Page 2 of 2 of the record in order to accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge McDonald’s Report and Recommendation and incorporates it herein. It is therefore ORDERED that the defendants’ motion to proceed in forma pauperis, ECF No. 2, is denied. IT IS FURTHER ORDERED that Plaintiff is provided twenty-one (21) days from the date of this order to pay the filing fee or the case will be dismissed. IT IS SO ORDERED. s/Henry M. Herlong, Jr. Senior United States District Judge Greenville, South Carolina September 14, 2023 NOTICE OF RIGHT TO APPEAL The Plaintiff is hereby notified that he has the right to appeal this order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. 2
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