Frazier v. Blackwell et al

Filing 38

ORDER adopting the 35 Report and Recommendation, granting Defendant's 26 motion for summary judgment and dismissing this matter with prejudice. Signed by Honorable Cameron McGowan Currie on 4/27/2021. (lbak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Johnnie Frazier, # 265586,

C/A. No. 1:20-3032-CMC

Plaintiff
v.
Warden James Blackwell and Warden Joseph
McFadden, in their individual and official
capacities,

Order

Defendants.
This matter is before the court on Plaintiff’s pro se Complaint, filed in this court pursuant
to 42 U.S.C. § 1983, alleging violations of his constitutional rights while incarcerated at Lieber
Correctional Institution, a facility of the South Carolina Department of Corrections. ECF No. 1.
He asserts his Eighth and Fourteenth Amendment rights were violated because his showers,
recreation time, and cell cleaning supplies were limited, he was not provided a table and chair in
his cell when access to the law library was curtailed, and due to poor drainage in the prison housing
unit. Id. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(d), DSC, this
matter was referred to United States Magistrate Judge Shiva V. Hodges for pre-trial proceedings
and a Report and Recommendation (“Report”).
On February 18, 2021, Defendant filed a motion to dismiss for failure to state a claim or,
in the alternative, for summary judgment. ECF No. 26. A Roseboro Order was mailed to Plaintiff
the same day, advising him of the importance of a dispositive motion and the need to file an
adequate response. ECF No. 27. Plaintiff filed a motion to compel production of documents and
a motion to amend his complaint after Defendants’ motion was filed (ECF Nos. 29, 30), which

were denied by the Magistrate Judge (ECF No. 33). Although no briefing in response to the motion
to dismiss or for summary judgment was filed, Plaintiff filed declarations with his motion to amend
the complaint, discussing his attempts to exhaust administrative remedies. ECF No. 30-1. He also
filed a declaration from a fellow inmate about conditions in the housing unit, including lack of
access to showers and recreation and lack of drains in the cells. ECF No. 32 (“supplement” to
motion to amend complaint, containing declaration of fellow inmate).1
On March 30, 2021, the Magistrate Judge issued a Report recommending Defendant’s
motion, construed as one for summary judgment, be granted. ECF No. 35. The Magistrate Judge
advised Plaintiff of the procedures and requirements for filing objections to the Report and the
serious consequences if he failed to do so. Plaintiff has not filed objections and the deadline to do
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 the
court. See Matthews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo
determination of any portion of the Report of the Magistrate Judge to which a specific objection
is made. The court may accept, reject, or modify, in whole or in part, the recommendation made
by the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28
U.S.C. § 636(b). The court reviews the Report only for clear error in the absence of an objection.
See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that
“in the absence of a timely filed objection, a district court need not conduct a de novo review, but

1

The Magistrate Judge discussed these declarations in the Report on Defendants’ motion to
dismiss or for summary judgment.
2

instead must only satisfy itself that there is no clear error on the face of the record in order to accept
the recommendation.”) (citation omitted).
After reviewing the complaint, the motions, the applicable law, the record, and the Report
and Recommendation of the Magistrate Judge, the court finds no clear error. Accordingly, the
Report and Recommendation of the Magistrate Judge is adopted and incorporated by reference.
Defendant’s motion for summary judgment (ECF No. 26) is granted, and this matter is
dismissed with prejudice.
IT IS SO ORDERED.
s/Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
Senior United States District Judge
Columbia, South Carolina
April 27, 2021

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