Scott v. South Carolina Department of Corrections et al

Filing 38

AMENDED ORDER AND OPINION adopting the 34 Report and Recommendation, granting the defendants' 25 Motion for Summary Judgment as to Plaintiff's federal claims, denying Plaintiff's 12 Motion for Preliminary Injunction, declining to exercise supplemental jurisdiction over Plaintiff's state law claim, and remanding the state law claim to state court. Signed by Honorable Bruce Howe Hendricks on 2/14/2017. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. (bgoo)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
James D. Scott,
Plaintiff,
vs.
South Carolina Department of
Corrections; Warden Robert Stevenson,
III; Warden Cecilia Reynolds; Chaplain B.
Collough; Chaplain J. Michael Brown;
Chaplain Leonard Cain,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 0:16-533-BHH

AMENDED
ORDER AND OPINION

Plaintiff James D. Scott (“Plaintiff”), who is represented by counsel, brought this
action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) In accordance with 28 U.S.C.
§ 636(b) and Local Civil Rule 73.02(B), D.S.C., this matter was referred to United States
Magistrate Judge Paige J. Gossett for pre-trial handling and a Report and
Recommendation (“Report”).
This matter is before the Court on Plaintiff’s motion for preliminary injunction
(ECF No. 12) and Defendant’s Motion for Summary Judgment (ECF No. 25). On
January 26, 2017, Magistrate Judge Gossett issued a Report recommending that
Defendant’s Motion for Summary Judgment be granted as to Plaintiff’s federal claims,
that Plaintiff’s motion for a preliminary injunction should be denied, and that the court
should decline to exercise supplemental jurisdiction over Plaintiff’s state law claim.
(ECF No. 34.) The Magistrate Judge advised Plaintiff of the procedures and
requirements for filing objections to the Report and the serious consequences if he
failed to do so. (Id. at 10.) Plaintiff filed no objections and the time for doing so expired
on February 9, 2017.

The Magistrate Judge makes only a recommendation to this Court. The
recommendation has no presumptive weight. The responsibility for making a final
determination remains with this Court. Mathews v. Weber, 423 U.S. 261, 270 (1976).
The Court may accept, reject, or modify, in whole or in part, the Report or may recommit
the matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1). 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).
After a careful review of the record, the applicable law, and the Report, the Court
finds the Magistrate Judge’s recommendation to be proper and to evince no clear error.
Accordingly, the Court adopts the recommendation and incorporates the Report herein
by specific reference. Defendant’s Motion for Summary Judgment (ECF No. 25) is
GRANTED as to Plaintiff’s federal claims; Plaintiff’s motion for a preliminary injunction
(ECF No. 12) is DENIED, and the Court declines to exercise supplemental jurisdiction
over Plaintiff’s state law claim, and hereby remands the claim to state court.
IT IS SO ORDERED.
/s/Bruce Howe Hendricks____
United States District Judge
February 14, 2017
Greenville, South Carolina
*****
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified that any right to appeal this Order is governed by
Rules 3 and 4 of the Federal Rules of Appellate Procedure.