Cobb v. Ozimit et al

Filing 185

ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 181 Report and Recommendations; granting 160 Motion for Summary Judgment, filed by Darryl King, Jonathan Ozmint, Yvette Blowe, McKither Bodison, Opria Walker, Joyce Perry; granting 164 Motion for Summary Judgment, filed by Mr Biddenger, Sgt King, R Thompson, Anthony J Padula, C June, Lt Goodman, Mrs Cain-Davis, Lee CI Mail Room Staff Mrs Whitney, Mrs Miller, Mrs Melton, Sharon Patterson, Robert Ward, Margarite Bell, S Bracey-Simon, Mrs Hi lton, Mrs J Livingston, James Dean, B Oberman; denying 133 Motion for Preliminary Injunction, filed by Calvin J Cobb; denying 157 Motion for Default Judgment, filed by Calvin J Cobb; denying 170 Motion for Preliminary Injunction filed by Calvin J Cobb; denying 169 Motion for Summary Judgment, filed by Calvin J Cobb. Signed by Honorable Henry F Floyd on 7/27/2010. (jpet, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION CALVIN J. COBB, Plaintiff, § § § vs. § § JONATHAN OZMINT, SCDC Director, et al., § Defendants. §

CIVIL ACTION NO. 0:08-3978-HFF-PJG

ORDER This case was filed as a 42 U.S.C. § 1983 action. Plaintiff is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that Plaintiff's motions seeking preliminary injunctions and a default judgment (Docket Entries 133, 157, & 170) should be denied as moot or patently without merit; Defendants' motions for summary judgment (Docket Entries 160 & 164) should be granted; and, to the extent that Plaintiff seeks summary judgment, his motion should be denied (Docket Entry 169). The Report was made in accordance with 28 U.S.C. § 636 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 the Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo determination of those portions of the Report 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. 28 U.S.C. § 636(b)(1). The Magistrate Judge filed the Report on July 1, 2010, but Plaintiff failed to file any objections to the Report. In the absence of such objections, the Court is not required to give any explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985). After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court that Plaintiff's motions seeking preliminary injunctions and a default judgment (Docket Entries 133, 157, & 170) are DENIED as moot and patently without merit; Defendants' motions for summary judgment (Docket Entries 160 & 164) are GRANTED; and, to the extent that Plaintiff seeks summary judgment, his motion is DENIED (Docket Entry 169). IT IS SO ORDERED. Signed this 27th day of July, 2010, in Spartanburg, South Carolina.

s/ Henry F. Floyd HENRY F. FLOYD UNITED STATES DISTRICT JUDGE

***** NOTICE OF RIGHT TO APPEAL The parties are hereby notified of the right to appeal this Order within thirty days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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