Robinson v. Prinz et al

Filing 63

ORDER adopting the 59 Report and Recommendation and granting Defendant's 47 Motion for Summary Judgment. Signed by Honorable Sherri A. Lydon on 11/25/2024. (cpri)

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IN THE UNITED STATES DISTRICT COURT FOR DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Travis Jamaal Robinson, C/A No. 0:23-cv-5351-SAL Plaintiff, v. ORDER Christopher Prinz, Police Officer, Defendant. Plaintiff Travis Jamaal Robinson filed this action on October 25, 2023, asserting constitutional violations during an arrest involving Defendant Christopher Prinz of the Rock Hill Police Department. See ECF No. 1. This matter is before the court on the Report and Recommendation (the “Report”) issued by United States Magistrate Judge Shiva V. Hodges, made in accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.), recommending that the court grant summary judgment in favor of Defendant. See ECF No. 59. Neither party filed objections to the Report, and the time for doing so has expired. 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 adopting the Report and must “only satisfy itself that there is no clear error on the face of the record in order to 1 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 reviewing 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, ECF No. 59, and incorporates it by reference herein. As a result, Defendant’s motion for summary judgment, ECF No. 47, is GRANTED. IT IS SO ORDERED. November 25, 2024 Columbia, South Carolina Sherri A. Lydon United States District Judge 2

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