Curry et al v. Charleston County Police Department et al

Filing 59

ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 57 Report and Recommendations, denying 18 Motion for Default Judgment, filed by Jerome Curry, denying 27 Motion for Default Judgment filed by Jerome Curry, denying 39 Motion for Order to Show Cause filed by Jerome Curry, Betty Ann Brown, denying 42 Motion for Default Judgment filed by Jerome Curry, Betty Ann Brown. Signed by Honorable Henry F Floyd on 9/20/2010. (jpet, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION JEROME CURRY and BETTY ANN BROWN, § § Plaintiffs, § § vs. § CIVIL ACTION NO. 0:10-522-HFF-PJG § CHARLESTON COUNTY POLICE § DEPARTMENT; CHARLESTON COUNTY § PROBATION AND PAROLE; and § PROBATION OFFICER CLAYTON MOOD, § Defendants. § ORDER This case was filed as a 42 U.S.C. § 1983 action. Plaintiffs are 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 Curry's motions (ECF Nos. 18 & 27) and Plaintiffs' motions (ECF Nos. 39 & 42) be denied. 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 August 31, 2010, but Plaintiffs 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 Curry's motions (ECF Nos. 18 & 27) and Plaintiffs' motions (ECF Nos. 39 & 42) are DENIED. IT IS SO ORDERED. Signed this 20th day of September, 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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