Coleman v. Boeing Company, The

Filing 172

ORDER RULING ON REPORT AND RECOMMENDATION for 76 Motion to Dismiss,, filed by Simone Cobbett, Dallas Ratliff, Lindsey Snell, Boeing Company, The, Darren Hardy, Jeff Stein, 159 Report and Recommendation. The magistrate judge's report and recommendation is AFFIRMED, and defendants' partial motion to dismiss plaintiff's amended complaint is GRANTED. Signed by Honorable David C Norton on 7/13/2017. (jbry, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION Carlos Coleman, ) ) Plaintiff, ) ) vs. ) ) The Boeing Company; Dallas Ratliff; ) Darren Hardy; Jeff Stein; Simone Cobbett; ) and Lindsey Snell, ) ) Defendants. ) C/A No. 2:16-cv-1451 DCN ORDER The above referenced case is before this court upon the magistrate judge's recommendation that defendants’ partial motion to dismiss plaintiff’s amended complaint be granted. 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 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 Recommendation were timely filed on July 10, 2017 by the plaintiff. 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 defendants’ partial motion to dismiss plaintiff’s amended complaint is GRANTED. AND IT IS SO ORDERED. David C. Norton United States District Judge July 13, 2017 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 appellate level of his failure to object to the magistrate judge's report.

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