Knowlin v. Falvo et al
Filing
18
ORDER RULING ON REPORT AND RECOMMENDATION adopting 9 Report and Recommendation, dismissing Defendant Thompson as a party defendant in this case. Signed by Honorable R Bryan Harwell on 6/20/2012. (jpet, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Amon Knowlin,
Plaintiff,
vs.
Sheila Falvo; and Phillip E. Thompson,
Sheriff,
Defendants
)
)
)
)
)
)
)
)
C.A. No.: 0:12-852-RBH
ORDER
Plaintiff Amon Knowlin (“Plaintiff”), a self-represented pre-trial detainee, brings this
action pursuant to 42 U.S.C. § 1983. 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)(B) and Local 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).
Neither party has filed objections to the Report and Recommendation. 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 Court reviews only for clear error in the absence of an
1
objection. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310 (4th Cir. 2005)
stating that “in the absence of a timely filed objection, a district court need not conduct de
novo review, but instead must 'only satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation.'” (quoting Fed. R. Civ. P. 72 advisory
committee's note).
After a thorough review of the record in this case, the Court finds no clear error.
Accordingly, the Report and Recommendation of the Magistrate Judge is adopted and
incorporated by reference. Therefore, it is
ORDERED that Defendant Thompson is DISMISSED as a party defendant in this case.
IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Florence, South Carolina
June 20, 2012
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?