Simmons v. Smith

Filing 79

ORDER ADOPTING THE REPORT AND RECOMMENDATION, granting defendant's motion for summary judgment, for 77 Report and Recommendation, Signed by Honorable Henry M Herlong, Jr on August 15, 2012. (kbos)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Alfonza Simmons, Plaintiff, vs. Officer Craig Smith, Defendant. ) ) ) ) ) ) ) ) ) C.A. No. 3:09-1176-HMH-JRM OPINION & ORDER This matter is before the court with the Report and Recommendation of United States Magistrate Judge Joseph R. McCrorey, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 of the District of South Carolina.1 Alfonza Simmons (“Simmons”) is a pro se plaintiff who alleges violations of his constitutional rights under 42 U.S.C. § 1983, as well as state law claims under South Carolina law. Defendant moved for summary judgment on November 8, 2011. Magistrate Judge McCrorey recommends granting Defendant’s motion. On July 16, 2012, Simmons filed objections to the magistrate judge’s Report. Objections to the Report and Recommendation must be specific. Failure to file specific objections constitutes a waiver of a party’s right to further judicial review, including appellate review, if the recommendation is accepted by the district judge. See United States v. Schronce, 727 F.2d 91, 94 & n.4 (4th Cir. 1984). In the absence of specific objections to the Report and 1 The recommendation has no presumptive weight, and the responsibility for making a final determination remains with the United States District Court. See Mathews v. Weber, 423 U.S. 261, 270-71 (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. The court may accept, reject, or modify, in whole or in part, the recommendation made by the magistrate judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1). 1 Recommendation of the magistrate judge, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Upon review, the court finds that Simmons’ objections are conclusory, non-specific, or unrelated to the dispositive portions of the magistrate judge’s Report and Recommendation. Therefore, after a thorough review of the magistrate judge’s Report and the record in this case, the court adopts Magistrate Judge McCrorey’s Report and Recommendation and incorporates it herein. It is therefore ORDERED that Defendant’s motion for summary judgment, docket number 67, is granted. IT IS SO ORDERED. s/Henry M. Herlong, Jr. Senior United States District Judge Greenville, South Carolina August 15, 2012 NOTICE OF RIGHT TO APPEAL Plaintiff is hereby notified that he has the right to appeal this order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. 2

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