Mann v. SCDC et al

Filing 93

ORDER adopting the 89 report and recommendation and granting defendants' 66 motion for summary judgment. Further, plaintiff's claims are dismissed without prejudice and claims against Defendant Sgt. Name Unknown at Present are dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Honorable Sherri A. Lydon on 12/7/2021. (mmcd)

0:19-cv-02589-SAL

Date Filed 01/07/21

Entry Number 93

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IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Anthony L. Mann,

Case No. 0:19-cv-2589-SAL
Plaintiff,

v.

ORDER

SCDC; Sgt. Moore; Capt. McCullough;
Lt. Gregg; Sgt. Green; Sgt. Name Unknown at
Present; Capt. Rogers,
Defendants.

This matter is before the Court for review of the October 29, 2020 Report and
Recommendation (“Report”) of United States Magistrate Judge Paige J. Gossett, made in
accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.). [ECF No. 89]. In
the Report, the Magistrate Judge recommends the defendants’ motion for summary judgment, ECF
No. 66, should be granted. [ECF No. 89]. The Magistrate Judge also recommends that Defendant
Sgt. Name Unknown at Present, who has never been properly identified, should be dismissed
pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Id. No party filed objections to
this Report, and the time to do so has passed. [See ECF No. 89].
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight, and 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 only those portions of the Report that have been specifically objected
to, and the Court may accept, reject, or modify the Report, in whole or in part. 28 U.S.C. §
636(b)(1). In the absence of objections, the Court is not required to provide an explanation for

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0:19-cv-02589-SAL

Date Filed 01/07/21

Entry Number 93

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adopting the Report and 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) (citing Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough review of the Report, the applicable law, and the record of this case in
accordance with the above standard, the Court finds no clear error, adopts the Report, and
incorporates the Report by reference herein. Accordingly, defendants’ motion for summary
judgment, ECF No. 66, is GRANTED.

Plaintiff’s claims are DISMISSED WITHOUT

PREJUDICE due to Plaintiff’s failure to exhaust his administrative remedies and the claims against
Defendant Sgt. Name Unknown at Present are DISMISSED WITHOUT PREJUDICE pursuant to
Rule 4(m) of the Federal Rules of Civil Procedure.
IT IS SO ORDERED.
/s/Sherri A. Lydon
Sherri A. Lydon
United States District Judge

January 7, 2021
Florence, South Carolina

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