Rivers v. Alteri et al

Filing 84

ORDER granting in part 61 Motion for Summary Judgment; affirming 80 Report and Recommendation; dismissing remaining state law causes of action without prejudice. Signed by Honorable David C Norton on 6/24/2016.(eric, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Rufus Rivers, ) ) Plaintiff, ) ) vs. ) ) G. Alteri; Bobby Shuler; Chad Shelton; ) William Myrick; Kimberly Manning; and ) Bryan Stirling, ) ) Defendants. ) ____________________________________) C/A No. 2:14-cv-1267 DCN ORDER The above referenced case is before this court upon the magistrate judge's recommendation that defendant Bryan Stirling be granted summary judgment on the sole remaining federal claim in this case, and that that claim be dismissed. It was further recommended that plaintiff’s remaining state law causes of action be dismissed without prejudice, and that plaintiff may then refile his state law claims in state court, if he chooses to do so. 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). However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend for the district court to review the factual and legal conclusions of the magistrate judge. Thomas v Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984), cert. denied, 467 U.S. 1208 (1984 ).1 Objections to the magistrate judge’s report and recommendation were timely filed on June 23, 2016. A de novo review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. Accordingly, the magistrate judge’s Report and Recommendation is AFFIRMED, and defendant Stirling is granted summary judgment on the sole remaining federal claim in his lawsuit, and that that claim is DISMISSED. IT IS FURTHER ORDERED that plaintiff’s remaining state court claims are DISMISSED without prejudice. Plaintiff may refile his state law claims in state court, if he so chooses. AND IT IS SO ORDERED. David C. Norton United States District Judge June 24, 2016 Charleston, South Carolina NOTICE OF RIGHT TO APPEAL The parties are hereby notified that any right to appeal this Order is governed by Rules 3 and 4 of the Federal Rules of Appellate Procedure 1 In Wright v. Collins, 766 F.2d 841 (4th Cir. 1985), the court held "that a pro se litigant must receive fair notification of the consequences of failure to object to a magistrate judge's report before such a procedural default will result in waiver of the right to appeal. The notice must be 'sufficiently understandable to one in appellant's circumstances fairly to appraise him of what is required.'" Id. at 846. Plaintiff was advised in a clear manner that his objections had to be filed within ten (10) days, and he received notice of the consequences at the appellate level of his failure to object to the magistrate judge's report.

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