Hooks v. SCDC Mental Health Program et al

Filing 66

ORDER adopting 61 Report and Recommendation of Magistrate Judge Bruce Howe Hendricks, granting 37 Motion for Summary Judgment and 58 Motion for Summary Judgment. Finding as moot 40 Motion to Stay, 42 Motion to Compel, 43 Motion to Strike. This case is dismissed with prejudice. Signed by Honorable Patrick Michael Duffy on 1/29/13.(hhil, )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Ricardo Sanchez Hooks, ) ) Plaintiff, ) ) vs. ) ) Eileen Delany, Unclassified Duty; et al, ) ) Defendants. ) ____________________________________) C.A. No. 2:12-0305-PMD ORDER This matter is before the court upon the magistrate judge's recommendation that defendants’ motions for summary judgment be granted. The record includes the report and recommendation of the United States Magistrate Judge made in accordance with this Court’s Order of Reference and 28 U.S.C. § 636(b)(1)(B). Because plaintiff is pro se, this matter was referred to the magistrate judge.1 This Court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1). No objections have been filed to the magistrate judge's report. A review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. For the reasons articulated by the magistrate judge, it is herewith ORDERED that defendants Delany, Woods, Gordon, Page, Miller and Pollock’s motion for summary judgment [Dkt. No. 37] is GRANTED; defendant Frierson’s motion for summary 1 Pursuant to the provisions of Title 28 United States Code, § 636(b)(1)(B), and Local Rule 73.02(B)(2)(e), D.S.C., the magistrate judge is authorized to review all pretrial matters and submit findings and recommendations to this Court. judgment [Dkt No. 58] is GRANTED; all remaining motions [Dkt. Nos. 40, 42, and 43] are DISMISSED as moot and the case is dismissed with prejudice. IT IS FURTHER ORDERED, that the magistrate judge’s report and recommendation is adopted as the order of this Court. AND IT IS SO ORDERED. January 29, 2013 Charleston, South Carolina

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