Wilder v. Haley et al

Filing 59

ORDER affirming the court's Opinion and Order granting summary judgment to defendants and denying 58 Motion to Supplement Preliminary Injunction, Signed by Honorable Cameron McGowan Currie on June 27, 2013.(kbos)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Samuel L. Wilder,

#258295,

)
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Plaintiff,
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v.
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William Byars, in his official capacity as
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Commissioner of South Carolina
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Department of Corrections, SCDC; Wayne )
McCabe, in his official capacity as Warden )
at Lieber Correctional Institution; Linda
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Jones, in her official capacity as Nurse at
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Lieber Correctional Institution Health
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Service,
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Defendants.
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___________________________________ )

C/A NO. 3:12-1743-CMC-JRM

OPINION and ORDER

On June 20, 2013, this court granted Defendants’ motion for summary judgment and
dismissed this matter with prejudice. Plaintiff’s objections to the Report and Recommendation of
the Magistrate Judge (“Report”) were due June 17, 2013. See F.R.Civ. P. 6(a)(1)(C); 5(b)(2)(C).
At the time of dismissal, the time for responding to the Report of the Magistrate Judge under the
Rules had expired, and no objections had been received.
On June 24, 2013, the Clerk received two filings from Plaintiff: “Objections to the Report
and Recommendation” ECF No. 57, and “Motion to Supplement Preliminary Injunction,” ECF No.
58. Plaintiff’s objections were given to prison authorities on June 19, 2013. See ECF No. 57-2 at
2. Accordingly, Plaintiff’s objections to the Report are untimely.
However, out of an abundance of caution, the undersigned has reviewed Plaintiff’s
Objections and finds them without merit. The Objections are reiteration of the arguments and
positions taken in opposition to Defendants’ summary judgment motion and fail to establish any
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legal or factual infirmity in the Report.
As to Plaintiff’s Motion to Supplement Preliminary Injunction, it is denied.
Accordingly, the court affirms its Opinion and Order granting summary judgment to
Defendants and dismissing this matter with prejudice.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
June 27, 2013

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