Bing v. McKay et al
Filing
27
ORDER adopting 25 Report and Recommendation of Magistrate Judge Bruce Howe Hendricks, granting 18 Motion for Summary Judgment and dismissing plaintiff's complaint with prejudice. Signed by Honorable R Bryan Harwell on 12/18/12.(hhil, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
CONTREZ LEON BING,
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Plaintiff,
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v.
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WARDEN MCCABE; CAPTAIN )
CLARK; LIEUTENANT
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WILLIAMS; MS. JENKINS; AND )
MR. BLACKWELL,
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Defendants.
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Civil Action No.: 2:11-cv-03174-RBH
ORDER
Plaintiff Contrez Leon Bing, a state prisoner proceeding pro se, filed this action under 42
U.S.C. § 1983, alleging due process violations arising from his prison disciplinary hearing and
access to the courts. The above-captioned Defendants filed a motion for summary judgment. The
matter is before the Court for review of the Report and Recommendation of United States
Magistrate Judge Bruce Howe Hendricks, 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 recommends that the
Court grant Defendants’ motion for summary judgment.
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).
Neither party has filed objections 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). The Court reviews only for clear error in the absence of an objection. See Diamond
v. Colonial Life & Accident Ins. Co., 416 F.3d 310 (4th Cir. 2005) (stating that “in the absence of a
timely filed objection, a district court need not conduct de novo review, but instead must ‘only
satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation’ ”) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough review of the record in this case, the Court finds no clear error.
Accordingly, the Report and Recommendation of the Magistrate Judge is adopted and incorporated
by reference. Therefore, it is
ORDERED that Defendants’ motion for summary judgment [ECF No. 18] is GRANTED.
Accordingly, Plaintiff’s complaint is DISMISSED with prejudice.
IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
December 18, 2012
Florence, South Carolina
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