Milton v. Wilson et al

Filing 51

ORDER ADOPTING THE REPORT AND RECOMMENDATIONS 43 of Magistrate Judge Robert S. Carr, Defendants' motion for summary judgment 28 . Signed by Honorable Henry M Herlong, Jr on 10/15/08. (rpol, ) Modified to correct filing date on 10/20/2008 (rpol, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION George Thomas Milton, Jr., Plaintiff, vs. Ofc. Wilson, E.; Ofc. Gooden; Captain A. Thomas; Lt. Richson; Warden Margaret Bell, Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 2:07-3921-HMH-RSC OPINION & ORDER

This matter is before the court with the Report and Recommendation of United States Magistrate Judge Robert S. Carr, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 of the District of South Carolina.1 George Thomas Milton, Jr. ("Milton"), a prisoner proceeding pro se, filed a civil rights action under 42 U.S.C. § 1983. In his Report, Magistrate Judge Carr recommends granting the Defendants' motion for summary judgment. Milton filed objections to the Report and Recommendation. Objections to the Report and Recommendation must be specific. Failure to file specific objections constitutes a waiver of a party's right to further judicial review, including appellate review, if the recommendation is accepted by the district judge. See United States v. Schronce, 727 F.2d 91, 94 & n.4 (4th Cir. 1984). In the absence of specific objections to the Report and Recommendation of the
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The recommendation has no presumptive weight, and the responsibility for making a final determination remains with the United States District 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. The court may accept, reject, or modify, in whole or in part, the recommendation made by the magistrate judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1) (2006). 1

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). Upon review, the court finds that Milton's objections are non-specific, unrelated to the dispositive portions of the magistrate judge's Report and Recommendation, or merely restate his claims. Therefore, after a thorough review of the magistrate judge's Report and the record in this case, the court adopts Magistrate Judge Carr's Report and Recommendation. It is therefore ORDERED that the Defendants' motion for summary judgment, docket number 28, is granted. IT IS SO ORDERED.

s/Henry M. Herlong, Jr. United States District Judge Greenville, South Carolina October 15, 2008

NOTICE OF RIGHT TO APPEAL Plaintiff is hereby notified that he has the right to appeal this order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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