Porterfield v. McCall et al
OPINION AND ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 27 Report and Recommendations, granting 18 Motion to Dismiss, filed by Michael McCall, Officer Lindsey, Lt Blackwell, Florence Mauney; denying as moot 13 Motion for TRO filed by Ronald Windell Porterfield, denying as moot 29 Motion to Dismiss filed by Ronald Windell Porterfield. Signed by Honorable Henry M Herlong, Jr on 11/4/2010. (jpet, )
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION ) ) Plaintiff, ) ) vs. ) ) Warden Michael McCall; Warden Florence ) Mauney; Lt. Blackwell; Officer Lindsey, ) ) Defendants. ) Ronald Windell Porterfield,
C.A. No. 0:10-1488-HMH-PJG OPINION AND ORDER
This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Paige J. Gossett, 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
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 Gossett's Report and Recommendation and incorporates it herein. It is therefore ORDERED that the Defendants' motion to dismiss, docket number 18, is granted. It is further ORDERED that the Plaintiff's motion for a temporary restraining order, docket number 13, and the Plaintiff's motion to voluntarily dismiss, docket number 29, are denied as moot. IT IS SO ORDERED. s/Henry M. Herlong, Jr. Senior United States District Judge Greenville, South Carolina November 4, 2010
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.
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