Murray v. Chester SC, City of et al

Filing 46

ORDER ADOPTING THE REPORT AND RECOMMENDATION, granting defendants' second motion to dismiss, for 44 Report and Recommendations. Signed by Honorable Terry L Wooten on February 2, 2012. (kbos)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION

Jacob F. Murray,

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Plaintiff,
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vs.
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City of Chester, S.C.; Chester Police Dept.; )
and Sgt. Gadson,
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Defendants.
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____________________________________)

C.A. No. 3:10-1536-TLW-JRM

ORDER

This matter is now before the undersigned for review of the Report and Recommendation
(“the Report”) filed by United States Magistrate Judge Joseph R. McCrorey, to whom this case had
previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). In
his Report, Magistrate Judge McCrorey recommends that Defendants’ second motion to dismiss
(Doc. # 40) be granted. No objections to the Report have been filed.
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. No objections
have been filed to the Report. In the absence of objections to the Report and 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).

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A review of the record indicates that the Report accurately summarizes this case and the
applicable law. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that
the Magistrate Judge’s Report is ACCEPTED (Doc. # 44), and Defendants’ second motion to
dismiss (Doc. # 40) is GRANTED.
IT IS SO ORDERED.
s/ Terry L. Wooten
TERRY L. WOOTEN
UNITED STATES DISTRICT JUDGE

February 2, 2012
Florence, South Carolina

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