Moragne v. South Carolina Department of Corrections et al
Filing
40
ORDER adopting 31 Report and Recommendation. Plaintiff's 18 Motion to Amend his complaint is denied to the extent that he seeks to add SCDC Director Bryan P. Stirling as a Defendant. Signed by Honorable Timothy M Cain on 9/21/2015. (mwal)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Landis Allen Moragne, #302976,
Plaintiff,
vs.
Cecilia Reynolds, Warden of Lee
Correctional Institution; Ass. Warden
Sharp; Deputy Warden Nolan;
John Doe One; John Doe Two; and
Not None Deais,
Defendants.
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Civil Action No. 1:15-1010-TMC-SVH
ORDER
Plaintiff, proceeding pro se and in forma pauperis, filed this action pursuant to 42 U.S.C.
§ 1983. Plaintiff also filed a motion to amend his complaint. (ECF No. 18). In accordance with
28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., these matters were referred to a
magistrate judge for pretrial handling. Before the court is the magistrate judge’s Report and
Recommendation (“Report”), recommending that Plaintiff’s motion to amend his complaint
(ECF No. 18) be denied to the extent that he seeks to add South Carolina Department of
Corrections’ (“SCDC”) Director Bryan P. Stirling as a Defendant. (ECF No. 31). Plaintiff was
advised of his right to file objections to the Report. (ECF No. 31 at 4). Plaintiff, however, filed
no objections to the Report, and the time to do so has now run.
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “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) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough review of the Report and the record in this case, the court adopts the
magistrate judge's Report (ECF No. 31) and incorporates it herein. It is therefore ORDERED
that Plaintiff’s motion to amend his complaint (ECF No. 18) be DENIED to the extent that he
seeks to add SCDC Director Bryan P. Stirling as a Defendant.
IT IS SO ORDERED.
s/Timothy M. Cain
Timothy M. Cain
United States District Judge
September 21, 2015
Anderson, South Carolina
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4
of the Federal Rules of Appellate Procedure.
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