Owens v Accuscribe Transcription Services LLC

Filing 37

ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 35 Report and Recommendations, granting 25 Motion for Summary Judgment. Signed by Honorable Joseph F Anderson, Jr on 01/20/10. (bshr, )

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U N I T E D STATES DISTRICT COURT D IS T R IC T OF SOUTH CAROLINA C h e ryl Owens ) ) P l a in tif f , ) v. ) ) A c c u s c rib e Transcription Services, LLC, ) ) R e sp o n d e n t. ) ______________________________________ ) C /A No. 2:07-3212-JFA-BM ORDER T h e plaintiff, Cheryl Owens, brings this action alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, et seq; 4 2 U.S.C. Section 1981; and the South Carolina Human Affairs Law (SCHAL), S.C. Code A n n . Section 1-13-10, et seq. T h e Magistrate Judge assigned to this action 1 has prepared a thorough Report and R e c o m m e n d a tio n and opines that the defendant's motion for summary judgment should be g ran ted. The Report sets forth in detail the relevant facts and standards of law on this matter, a n d the court incorporates such without a recitation. T h e parties were advised of their right to file objections to the Report and R e c o m m e n d a tio n , which was entered on the docket on December 8, 2009. Neither party The Magistrate Judge's review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02. 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. Mathews v. Weber, 423 U.S. 261 (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 to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b)(1). 1 1 f ile d objections to the Report. After a careful review of the record, the applicable law, and the Report and R e c o m m e n d a tio n , the court finds the Magistrate Judge's recommendation to be proper and in c o rp o ra te s the Report herein by reference. Accordingly, the defendant's motion for s u m m a ry judgment is hereby granted. IT IS SO ORDERED. Jan u ary 20, 2010 C o lu m b ia , South Carolina J o s e p h F. Anderson, Jr. U n ite d States District Judge 2

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