Summary
adopting and incorporating Report and Recommendation
Summary of this case from Jordan v. ShafferOpinion
C/A NO. 3:13-2552-CMC-SVH
2013-10-17
Isaac Murray, Plaintiff, v. Judge Paige J. Gossett; and All the People in the World, Defendants.
OPINION and ORDER
This matter is before the court on Plaintiff's pro se complaint, filed in this court on February 21, 2013. ECF No. 1. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(d), DSC, this matter was referred to United States Magistrate Judge Shiva V. Hodges for pre-trial proceedings and a Report and Recommendation ("Report"). On September 25, 2013, the Magistrate Judge issued an order recommending that Plaintiff's motion to proceed in forma pauperis (ifp) be denied. The Magistrate Judge advised Plaintiff of the procedures and requirements for filing objections to the Report and the serious consequences if he failed to do so. Plaintiff has filed no objections and the time for doing so has expired.
The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with the court. See Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of any portion of the Report of the Magistrate Judge to which a specific objection is made. The court may accept, reject, or modify, in whole or in part, the recommendation made by the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b). The court reviews the Report only for clear error in the absence of an objection. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that "in the absence of a timely filed objection, a district court need not conduct a de novo 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.") (citation omitted).
After reviewing the record of this matter, the applicable law, and the Report and Recommendation of the Magistrate Judge, the court agrees with the conclusions of the Magistrate Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by reference in this Order.
Plaintiff's motion to proceed ifp is denied. Plaintiff shall have until Friday, November 1, 2013, to pay the full filing fee in this matter ($400). Failure to pay the filing fee by November 1, 2013 will result in the dismissal of this matter without prejudice.
IT IS SO ORDERED.
________________________
CAMERON MCGOWAN CURRIE
SENIOR UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
October 17, 2013