Lindsey v. State of SC

Filing 45

ORDER ADOPTING 40 REPORT AND RECOMMENDATIONS. Defendant's motion for summary judgment 31 is GRANTED, and all other motions are denied as moot. Signed by Honorable R Bryan Harwell on 10/14/08. (rpol, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION Roy G. Lindsey, #67021, Plaintiff, vs. State of South Carolina, Defendant ) ) ) ) ) ) ) ) ) ) ) C.A. No.: 2:01-02705-RBH ORDER This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Robert S. Carr, made in accordance with 28 U.S.C. 636(b)(1)(B) and Local 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 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. 636(b)(1). No objections were filed 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 recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). 1 After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Carr's Report and Recommendation and incorporates it herein. It is therefore ordered that the defendant's motion for summary judgment [docket entry #31] is hereby GRANTED, and all other motions are denied as moot. ORDERED that. IT IS SO ORDERED. s/ R. Bryan Harwell R. Bryan Harwell United States District Judge Florence, South Carolina October 14, 2008 2

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