Williams v Padula et al
ORDER adopting 43 Report and Recommendations of Magistrate Judge Bruce Howe Hendricks; terminating 47 Motion to Accept Additional Evidence and Testimony; granting 28 Motion for Summary Judgment on behalf of the defendants; denying plaintiff's 33 Motion for Summary Judgment and 33 Motion for Hearing. Signed by Honorable Cameron McGowan Currie on 10/21/11.(hhil, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Anthony J. Padula and Geraldine Miro,
C/A NO. 2:10-2707-CMC-BHH
OPINION and ORDER
This matter is before the court on Plaintiff’s pro se complaint, filed in this court pursuant to
42 U.S.C. § 1983.
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 Bruce Howe Hendricks for pre-trial
proceedings and a Report and Recommendation (“Report”). On September 1, 2011, the Magistrate
Judge issued a Report recommending that Plaintiff’s motion for summary judgment and for a
hearing be denied, that Defendants’ motion for summary judgment be granted, and this matter be
dismissed with prejudice.
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 filed objections to the Report on September 23, 2011. On October 3, 2011, Plaintiff also
filed a “Motion to Accept Additional Evidence and Testimony.” The court construes this motion
as additional material in support of Plaintiff’s objections. Therefore, this motion should be
terminated on the docket of this matter.
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 Mathews 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).
After conducting a de novo review as to objections made, and considering the record, the
applicable law, the Report and Recommendation of the Magistrate Judge, and Plaintiff’s objections,
the court agrees with the Report and its conclusions. Therefore, the court adopts and incorporates
the Report by reference in this Order.
Plaintiff’s objections reiterate his assertions presented in his complaint, amended complaint,
and motion for summary judgment, all of which were rejected in the Report. Despite his
protestations to the contrary, the Report’s legal and factual analyses are sound.
Plaintiff’s motion to Accept Additional Evidence and Testimony, ECF No. 47 (filed Oct. 3,
2011) is terminated. Plaintiff’s motion for summary judgment and for a hearing (ECF No. 33) is
denied. Defendants’ motion for summary judgment (ECF No. 28) is granted and this matter is
dismissed with prejudice.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
October 21, 2011
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