Aderinto v. Jenkins et al

Filing 70

ORDER adopting 65 Report and Recommendation; denying 45 Motion for Summary Judgment by plaintiff; granting 38 Motion for Summary Judgment by defendants Signed by Honorable Joseph F Anderson, Jr on 8/26/09.(mflo, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA C O L U M B IA DIVISION G r a c e F. Aderinto, ) ) P l a in tif f , ) v. ) ) O f f ic e r Sessions and Officer Curvan, ) ) D e f e n d a n ts . ) ________________________________ ) C/A No. 3:08-2530-JFA-PJG

ORDER

T h is matter is before the court for review of the Magistrate Judge's Report and R e c o m m e n d a tio n .1 T h e pro se plaintiff, Grace F. Aderinto, brings this action pursuant to 4 2 U.S.C. § 1983 asserting, inter alia, claims for false arrest and confiscation of a weapon. In a detailed Report and Recommendation, the Magistrate Judge suggests that the d e f en d a n ts ' motion for summary judgment be granted and that the plaintiff's motion for su m m a ry judgment be denied. Specifically, the Magistrate Judge states that the plaintiff fails to allege any facts to state a constitutional violation concerning her alleged arrest or the c o n f is c a tio n of the weapon, which plaintiff contends was her walking stick. Because the M a g istra te Judge fairly and accurately summarizes the facts and standards of law, such will
The Magistrate Judge's review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02. 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. Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation to which specific objection is made, and the court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge, or recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b)(1).
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n o t be repeated herein. T h e plaintiff was advised of her right to file objections to the Report and R e c o m m e n d a tio n , which was entered on the docket on July 30, 2009. However, she has not d o n e so within the time limits prescribed by the federal rules. A fte r carefully reviewing the applicable law, the record in this case, and the Report a n d Recommendation, the court agrees with the Magistrate Judge's recommendation and in c o rp o ra te s the Report herein by reference. Accordingly, defendants' motion for summary judgment is granted and the plaintiff's m o tio n for summary judgment is denied. IT IS SO ORDERED.

A u g u st 26, 2009 C o lu m b ia , South Carolina

J o s e p h F. Anderson, Jr. U n ite d States District Judge

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