Al-Haqq v. Worrick et al

Filing 115

ORDER adopting 107 Report and Recommendation; denying 103 Second Motion for Summary Judgment. Signed by Honorable Timothy M Cain on 2/26/2016.(ssam, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION Bilal A. Al-Haqq, ) ) Plaintiff, ) ) v. ) ) Major Walter Worrick; ) Ernest Rome, DHO; ) Ms. V. Jones, Inmate ) Representative; Ms. Marilyn ) Smart, Grievance Coordinator; Ms. ) C. Smith, Caseworker; Ms. Edith ) Wetherbee, DHO Recorder, and Cpl. ) Marvin Bryant, in his individual and ) official capacity, ) ) Defendants. ) ____________________________________) C.A. No. 2:14-0008-TMC-MGB ORDER Plaintiff, a state prisoner, filed this action pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter was referred to a magistrate judge for pretrial handling. Before the court is the magistrate judge’s Report and Recommendation (‟Report”), recommending that Defendant Marvin Bryant’s Second Motion for Summary Judgment (ECF No. 103) be denied. (ECF No. 107). The parties were advised of their right to file objections to the Report. (ECF No. 107 at 8). However, no objections have been filed, and the time to do so has now run. The Report has no presumptive weight and the responsibility to make a final determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). In the absence of objections, this court is not required to provide an explanation for adopting the Report. 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). After a thorough review of the Report and the record in this case, the court adopts the Magistrate Judge's Report (ECF No. 107) and incorporates it herein. It is therefore ORDERED that Defendant’s Second Motion for Summary Judgment (ECF No. 103) is DENIED. IT IS SO ORDERED. s/Timothy M. Cain United States District Judge Anderson, South Carolina February 26, 2016 NOTICE OF RIGHT TO APPEAL The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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