Holloway v. Lloyd et al

Filing 99

OPINION and ORDER RULING ON REPORT AND RECOMMENDATION adopting 96 Report and Recommendation, granting 74 Motion for Summary Judgment, denying 94 Motion for Judgment on the Pleadings. Signed by Honorable Cameron McGowan Currie on 1/16/2013. (cbru, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Richard Allen Holloway,

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Plaintiff,
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v.
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Sheriff Leon Lott; Sgt. Randy Strange;
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and Seth Rose,
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Defendants.
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___________________________________ )

C/A NO. 3:11-2581-CMC-PJG

OPINION and ORDER

This matter is before the court on Plaintiff’s pro se complaint, filed in this court pursuant to
42 U.S.C. § 1983.
In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(e), DSC, this
matter was referred to United States Magistrate Judge Paige J. Gossett for pre-trial proceedings and
a Report and Recommendation (“Report”). On December 27, 2012, the Magistrate Judge issued a
Report recommending that Plaintiff’s motion for judgment on the pleadings be denied and that
Defendants’ motion for summary judgment be granted. 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 for doing so has expired.
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

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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 28
U.S.C. § 636(b). The court reviews 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 a 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 reviewing the record of this matter, the applicable law, and the Report and
Recommendation of the Magistrate Judge, the court agrees with the conclusions of the Magistrate
Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by reference
in this Order. Plaintiff’s motion for judgment on the pleadings is denied, Defendants’ motion for
summary judgment is granted, and this matter is dismissed with prejudice.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
January 16, 2013

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