Johnson v. Thomas et al
Filing
71
ORDER adopting 69 Report and Recommendation of Magistrate Judge Mary Gordon Baker; granting 41 Motion for Summary Judgment. The Motion for Summary Judgment is granted with respect to Plaintiff's federal claims against Thomas and Watts, Plaintiff's state law claim against Thomas and Watts is dismissed without prejudice, and McCullough is dismissed without prejudice. Signed by Honorable Donald C Coggins, Jr on 7/18/2018.(ssam, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Richard Johnson,
) C/A No. 2:17-cv-2568-DCC
)
Plaintiff,
)
)
vs.
)
)
ORDER
Corporal Thomas, Tim McCullough, Officer
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Watts,
)
)
Defendants. )
______________________________________
This matter is before the Court on Plaintiff’s Complaint alleging violations of civil
rights pursuant to 42 U.S.C. § 1983. ECF No. 1. Defendants Corporal Thomas and Officer
Watts filed a Motion for Summary Judgment on February 14, 2018. ECF No. 41. A
Roseboro order was entered by the Court and mailed to Plaintiff, advising Plaintiff of the
importance of a dispositive motion and the need for Plaintiff to file an adequate response.
ECF No. 42. Plaintiff filed a Response in Opposition to the Motion for Summary Judgment.
ECF No. 46. Thomas and Watts filed a Reply, and Plaintiff filed a Sur Reply and a
supplement to his Response in Opposition, ECF Nos. 48, 51, 67.
In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2), (D.S.C.),
this matter was referred to United States Magistrate Judge Mary Gordon Baker for pre-trial
proceedings and a Report and Recommendation (“Report”). On June 25, 2018, the
Magistrate Judge issued a Report recommending that the Motion for Summary Judgment
be granted as to Plaintiff’s federal claims against Thomas and Watts, that Plaintiff’s state
law claims against Thomas and Watts be dismissed without prejudice, and that Defendant
Tim McCullough be dismissed without prejudice. ECF No. 91. The Magistrate Judge
advised Plaintiff of the procedures and requirements for filing objections to the Report and
the serious consequences if he failed to do so. Plaintiff has filed no objections, and the
time to do so has passed.
The Magistrate Judge makes only a recommendation to this Court.
The
recommendation has no presumptive weight, and the responsibility to make a final
determination remains with the Court. See Mathews v. Weber, 423 U.S. 261 (1976). The
Court is charged with making a de novo determination of any portion of the Report of the
Magistrate Judge to which a specific objection is made. The Court may accept, reject, or
modify, in whole or in part, the recommendation made by the Magistrate Judge or recommit
the matter to the Magistrate Judge with instructions. See U.S.C. § 636(b). The Court will
review the Report only for clear error in the absence of an objection. See Diamond v.
Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that “in the
absence of 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.” (citation omitted)).
After considering the record in this case, the applicable law, and the Report of the
Magistrate Judge, the Court finds no clear error and agrees with the Report’s
recommendation that the Motion for Summary Judgment be granted with respect to
Plaintiff’s federal claims against Thomas and Watts, that Plaintiff’s state law claim against
Thomas and Watts be dismissed without prejudice, and that McCullough be dismissed
without prejudice. Accordingly, the Court adopts the Report by reference in this Order.
IT IS SO ORDERED.
s/ Donald C. Coggins, Jr.
United States District Judge
July 18, 2018
Spartanburg, South Carolina
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