Butler v. Pennington et al

Filing 50

ORDER RULING ON 47 REPORT AND RECOMMENDATION, 44 Motion to Dismiss for Failure to State a Claim, filed by Beattie I Butler. It is ordered that plaintiff's motion to dismiss defendant Pennington's counterclai m with regard to the claim for defamation based on plaintiff publically claiming defendant terminated him because he has cancer is granted, and in all other respects plaintiff's motion to dismiss defendant Pennington's counterclaim for defamation and slander per se is denied. It is ordered, that the magistrate judge's report and recommendation is adopted as the order of this Court. Signed by Honorable Patrick Michael Duffy on 12/27/2016. (egra, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Beattie J. Butler,
Plaintiff,
vs.
D. Ashley Pennington, in his individual
and official capacities and Charleston
County,
Defendants.

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ORDER
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This matter is before the court upon the magistrate judge's recommendation that
plaintiff’s motion to dismiss defendant Pennington’s counterclaim be granted in part and
denied in part . The record includes the report and recommendation of the United States
Magistrate Judge made in accordance with Local Rule 73.02(B)(2) and 28 U.S.C. §
636(b)(1)(B).
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 ordered that plaintiff’s motion to dismiss defendant Pennington’s counterclaim
with regard to the claim for defamation based on plaintiff publically claiming defendant
terminated him because he has cancer is GRANTED, and in all other respects plaintiff’s
motion to dismiss defendant Pennington’s counterclaim for defamation and slander per se
is DENIED.
ORDERED, that the magistrate judge’s report and recommendation is adopted as
the order of this Court.

AND IT IS SO ORDERED.

December 27, 2016
Charleston, South Carolina

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