Dutton v. Owens

Filing 30

ORDER RULING ON REPORT AND RECOMMENDATION accepting 24 Report and Recommendations, granting 16 Motion to Dismiss, Motion for Summary Judgment,, filed by John Owens. Signed by Honorable Terry L Wooten on 7/25/2012. (jpet, )

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

Richard Dutton,

)
)
Petitioner,
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vs.
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)
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John Owen, Warden,
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Respondent.
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__________________________________________)

C.A. No. 0:11-1014-TLW-PJG

ORDER

This matter is now before the undersigned for review of the Report and Recommendation
(“the Report”) filed by United States Magistrate Judge 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 Respondent’s motion to dismiss or, in
the alternative, for summary judgment, (Doc. # 16) be granted. (Doc. # 24). Petitioner has filed
objections to the Report. (Doc. # 29).
In conducting this review, the Court applies the following standard:
The magistrate judge makes only a recommendation to the Court, to which any party
may file written objections. . . . The Court is not bound by the recommendation of the
magistrate judge but, instead, retains responsibility for the final determination. The
Court is required to make a de novo determination of those portions of the report or
specified findings or recommendation as to which an objection is made. However,
the Court is not required to review, under a de novo or any other standard, the factual
or legal conclusions of the magistrate judge as to those portions of the Report and
Recommendation to which no objections are addressed. While the level of scrutiny
entailed by the Court's review of the Report thus depends on whether or not

1

Pursuant to Federal Rule of Civil Procedure 25(d), the current Warden of FCI Edgefield,
Kenny Atkinson, is substituted for Respondent John Owens.
1

objections have been filed, in either case, the Court is free, after review, to accept,
reject, or modify any of the magistrate judge's findings or recommendations.
Wallace v. Housing Auth. of the City of Columbia, 791 F.Supp. 137, 138 (D.S.C. 1992) (citations
omitted).
In light of this standard, the Court has reviewed, de novo, the Report and the objections
thereto. The Court accepts the Report.
THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge’s Report is
ACCEPTED (Doc. # 24), Petitioner’s objections are OVERRULED (Doc. # 29); Respondent’s
motion to dismiss or, in the alternative, for summary judgment, (Doc. # 16) is GRANTED and this
petition is DISMISSED.
IT IS SO ORDERED.
s/ Terry L. Wooten
TERRY L. WOOTEN
UNITED STATES DISTRICT JUDGE

July 25, 2012
Florence, South Carolina

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