Lucas v. Rivera et al
Filing
93
AMENDED ORDER RULING ON REPORT AND RECOMMENDATION. The Court overrules Plaintiff's objections, adopts the Report, and incorporates it herein. Therefore, it is the judgment of this Court that Defendants' motion for summary judgment 61 is GRANTED and the case is DISMISSED. In light of this Amended Order, Plaintiff's motion to vacate 90 is hereby deemed MOOT. Signed by Honorable Henry F Floyd on 9/27/2011. (mcot, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
DEAN LUCAS,
Plaintiff,
vs.
M L RIVERA, U.S. ATTORNEY FOR
THE DISTRICT OF SOUTH CAROLINA,
ATTORNEY GENERAL OF THE
UNITED STATES, DR. ROBERT
VENDEL, MRS. BRADLEY, MR. R E
HOLT, and MR. HARLEY LAPPIN,
Defendants.
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§ CIVIL ACTION NO. 1:08-04051-HFF-SVH
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AMENDED ORDER
This case was filed as a Bivens action. Plaintiff is proceeding pro se. The matter is before
the Court for review of the Report and Recommendation (Report) of the United States Magistrate
Judge suggesting that Defendants’ motion for summary judgment be granted and the case dismissed
in its entirety. The Report was made in accordance with 28 U.S.C. § 636 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 the Court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report to which specific objection is made, and the Court may
accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or
recommit the matter with instructions. 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed the Report on July 28, 2010, and the Clerk of Court entered
Plaintiff’s objections to the Report on October 25, 2010.* After reviewing Plaintiff’s objections, the
Court finds them to lack merit and remains in agreement with the Magistrate Judge’s Report.
After a thorough review of the Report and the record in this case pursuant to the standard set
forth above, the Court overrules Plaintiff’s objections, adopts the Report, and incorporates it herein.
Therefore, it is the judgment of this Court that Defendants’ motion for summary judgment is
GRANTED and the case is DISMISSED. In light of this Amended Order, Plaintiff’s motion to
vacate is hereby deemed MOOT.
IT IS SO ORDERED.
Signed this 27th day of September, 2011, in Spartanburg, South Carolina.
s/ Henry F. Floyd
HENRY F. FLOYD
UNITED STATES DISTRICT JUDGE
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NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within 60 days from the date
hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.
*
On August 20, 2010, in the absence of any objections, this Court filed an Order
adopting the Magistrate Judge’s Report. Plaintiff subsequently submitted objections, which the
Clerk filed on October 25, 2010. This Amended Order takes into consideration those objections
and amends the August 2010 Order.
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