Thomas v. Sumter-Lee Regional Detention Center et al

Filing 21

ORDER adopting 17 Report and Recommendation. It is ordered that Defendant Sumter-Lee Regional Detention Center is summarily dismissed without prejudice and without issuance and service of process. Signed by Honorable Timothy M Cain on 9/26/2013. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Christopher L. Thomas,
Plaintiff,
v.
Sumter-Lee Regional Detention Center,
et al; Lt. McMillian; Lt. Glover-Blanding,
Defendants.

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C/A No. 0:13-1737-TMC-PJG

ORDER

Plaintiff, a pretrial detainee proceeding pro se, filed this action pursuant to 42 U.S.C. §
1983. This matter is before the court for review of the Report and Recommendation of the 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
objections are made, and the court may accept, reject, or modify, in whole or in part, the Magistrate
Judge’s recommendation or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1).
Plaintiff was advised of his right to file objections to the Report and Recommendation.
(ECF No. 17 at 5). However, 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 provide an explanation for adopting the recommendation. See Camby v.
Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, ‘in the absence of a timely filed objection, a
district court need not conduct a 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.” Diamond v. Colonial
Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory

committee’s note).
After a thorough review of the Report and Recommendation and the record in this case, the
court adopts the Magistrate Judge’s Report and Recommendation (ECF No. 17) and incorporates it
herein. It is therefore ORDERED that Defendant Sumter-Lee Regional Detention Center is
summarily DISMISSED without prejudice and without issuance and service of process.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
Anderson, South Carolina
September 26, 2013

NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4 of
the Federal Rules of Appellate Procedure.