Frazier v. Anderson et al

Filing 48

ORDER RULING ON REPORT AND RECOMMENDATIONS accepting 41 Report and Recommendations, granting 31 Motion for Summary Judgment, filed by Phillip C Anderson, Dan Wideman. Signed by Honorable Terry L Wooten on 8/28/2009. (jpet, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION

Terrence Oneil Frazier,

) ) Plaintiff, ) ) vs. ) ) Major Phillip C. Anderson; Sheriff Dan Wideman, ) ) Defendants. ) __________________________________________)

C.A. No.0:08-2646-TLW-PJG

O RD ER

This is a civil rights action filed by a pretrial detainee pro se. (Doc. # 1). This matter is now before the undersigned for review of the Report and Recommendation ("the Report") filed by United States Magistrate Paige J. Gossett, to whom this case had previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). In her Report, Magistrate Judge Gossett recommends that the defendants' motion for summary judgment be granted. This Court is charged with conducting a de novo review of any portion of the Magistrate Judge's Report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636. No objections have been filed to the Report.1 In the absence of objections to the Report and Recommendation of the Magistrate Judge, 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 Report was sent to the plaintiff at the only address provided by the plaintiff on file with the clerk's office. The Report was returned. 1

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A review of the record indicates that the Report accurately summarizes this case and the applicable law. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge's Report is ACCEPTED (Doc. # 41), and the defendants' motion for summary judgment (Doc. #31) is GRANTED. IT IS SO ORDERED.

s/ Terry L. Wooten TERRY L. WOOTEN UNITED STATES DISTRICT JUDGE

August 28, 2009 Florence, South Carolina

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