Edmond v. Byars et al
ORDER ADOPTING 35 REPORT AND RECOMMENDATION, re 14 Motion to Remand, Motion to Strike filed by Jesse Edmond. It is ordered that Plaintiff's motion to remand is granted. This matter is remanded to the Court of Common Pleas for Dorchester County, South Carolina. Signed by Honorable R Bryan Harwell on 10/3/2014. (abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
William R. Byars, Jr.; Joseph
McFadden; Nurse Dehart; Nurse
Mauney; D. Jarjeren; E. Holcomb;
Unknown Healthcare Service
Provider; and South Carolina
Department of Corrections, each in
his/her individual and personal
Civil Action No.: 1:14-cv-446-RBH
Plaintiff Jesse Edmond (“Plaintiff”), proceeding pro se, originally filed this action in the
Court of Common Pleas for Dorchester County, South Carolina. See Complaint, ECF No. 1-1.
Defendants removed the action to this Court on February 20, 2014, see ECF No. 1, and Plaintiff
filed a motion to remand on March 13, 2014, see ECF No. 14. The matter is before the Court for
review of the Report and Recommendation (“R & R”) of United States Magistrate Judge Shiva V.
Hodges, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02 for the District of
South Carolina. See R & R, ECF No. 35. In the R & R, the Magistrate Judge recommends the
Court grant Plaintiff’s motion, and remand the matter to the Court of Common Pleas for Dorchester
County, South Carolina. See id. at 5.
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 this
Court. See Mathews v. Weber, 423 U.S. 261, 270–71 (1976). The Court is charged with making a
de novo determination of those portions of the Report and Recommendation 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. See 28 U.S.C.
No party has filed objections to the Report and Recommendation.
In the absence of
objections to the Report and Recommendation of the Magistrate Judge, this Court is not required to
give any explanation for adopting the recommendations. See Camby v. Davis, 718 F.2d 198, 199
(4th Cir. 1983). The Court reviews only for clear error in the absence of an objection. See
Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310 (4th Cir. 2005) (stating that “in the
absence of a timely filed objection, a district court need not conduct 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’”) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough review of the record in this case, the Court finds no clear error.
Accordingly, the Report and Recommendation of the Magistrate Judge is adopted and incorporated
by reference. Therefore, it is ORDERED that Plaintiff’s motion to remand is GRANTED. This
matter is REMANDED to the Court of Common Pleas for Dorchester County, South Carolina.
IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Florence, South Carolina
October 3, 2014
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