Martin v. SCDC et al

Filing 102

ORDER granting 77 Motion for Summary Judgment; adopting 97 Report and Recommendation. It is ordered that the defendants' motion for Summary Judgment is granted and the case is dismissed with prejudice. Signed by Honorable Patrick Michael Duffy on 07/12/2016. (egra, )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Brandon Lee Martin, ) ) Plaintiff, ) ) vs. ) ) Warden Joseph McFadden, Lieber CI; et al, ) ) Defendants. ) ____________________________________) C.A. No. 0:15-1570-PMD ORDER This matter is before the court upon the magistrate judge's recommendation that defendants’ motion for summary judgment be granted. The record includes the report and recommendation of the United States Magistrate Judge made in accordance with 28 U.S.C. § 636(b)(1)(B). Because plaintiff is pro se, this matter was referred to the magistrate judge.1 This Court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1). No objections have been filed to the magistrate judge's report. A review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. For the reasons articulated by the magistrate judge, it is herewith ORDERED that defendants’ motion for summary judgment is GRANTED and the case is dismissed with prejudice. IT IS FURTHER ORDERED, that the magistrate judge’s report and recommendation is 1 Pursuant to the provisions of Title 28 United States Code, § 636(b)(1)(B), and Local Rule 73.02(B)(2)(d), D.S.C., the magistrate judge is authorized to review all pretrial matters and submit findings and recommendations to this Court. adopted as the order of this Court. AND IT IS SO ORDERED. July 12, 2016 Charleston, South Carolina 2

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