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, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Bilal A. Al-Haqq,

)
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Plaintiff,
)
)
v.
)
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Major Walter Worrick;
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Ernest Rome, DHO;
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Ms. V. Jones, Inmate
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Representative; Ms. Marilyn
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Smart, Grievance Coordinator; Ms.
)
C. Smith, Caseworker; Ms. Edith
)
Wetherbee, DHO Recorder, and Cpl.
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Marvin Bryant, in his individual and
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official capacity,
)
)
Defendants.
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____________________________________)

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.