Taylor v. Spartanburg County Detention Facility et al
Filing
104
ORDER adopting 103 Report and Recommendation of Magistrate Judge Bruce Howe Hendricks, granting 67 Motion for Summary Judgment. Signed by Honorable J Michelle Childs on 8/8/13.(hhil, )
Taylor v. Spartanburg County Detention Facility et al
Doc. 104
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Todd Michael Taylor,
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Plaintiff,
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v.
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Major Neal Urch; Corporal Tahara; and
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Dr. Bianco, Med Dept.,
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Defendants.
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____________________________________)
Civil Action No. 2:12-cv-01293-JMC
ORDER
This matter is before the court for review of the Magistrate Judge's Report and
Recommendation (“Report”), [Dkt. No. 103], filed on July 8, 2012, recommending that
Defendant’s Motion for Summary Judgment [Dkt. No. 67] be granted. Plaintiff brought this
action seeking relief pursuant to Title 42 U.S.C. §1983. The Report set forth in detail the
relevant facts and legal standards on these matters which the court incorporates herein without a
recitation.
The Magistrate Judge's Report is made in accordance with 28 U.S.C. § 636(b)(1) and
Local Civil Rule 73.02 for the District of South Carolina. 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 to which specific objections are made, and the court may accept, reject, or
modify, in whole or in part, the Magistrate Judge's recommendation or recommit the matter with
instructions. See 28 U.S.C. § 636(b)(1).
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Plaintiff was advised of his right to file objections to the Report [Dkt. No. 103 at 11].
However, Plaintiff filed no objections to the Report.
In the absence of objections to the
Magistrate Judge's Report, this court is not required to provide an explanation for adopting the
recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, "in the
absence of a timely filed objection, a district court need not conduct a 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.'" Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th
Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee's note). Furthermore, failure to file
specific written objections to the Report results in a party's waiver of the right to appeal from the
judgment of the District Court based upon such recommendation.
28 U.S.C. § 636(b)(1);
Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United
States v. Schronce, 727 F.2d 91 (4th Cir. 1984).
After a thorough review of the Report and Recommendation and the record in this case,
the court ACCEPTS the Magistrate Judge’s Report and Recommendation. [Dkt. No. 103]. It is
therefore ORDERED that Defendant’s Motion for Summary Judgment [Dkt. No. 67] is
GRANTED.
IT IS SO ORDERED.
United States District Judge
Greenville, South Carolina
August 8, 2013
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