Guess v. Adams et al

Filing 36

OPINION and ORDER adopting 31 Report and Recommendation, granting 20 Motion for Summary Judgment. Signed by Honorable Cameron McGowan Currie on 12/14/2015. (cbru, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Thurmond R. Guess, Sr.

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Plaintiff,
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v.
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David Adams, as Richland County Treasurer;
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Shirley S. Tapp,
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Defendants.
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_________________________________________ )

C/A NO. 3:15-657-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. §§ 1981, 1982, and 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 1, 2015, the Magistrate Judge issued a
Report recommending that Defendants’ motion for summary judgment be granted and this matter
be dismissed with prejudice. 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 filed objections to the Report on December 11, 2015, and December 14, 2015.
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
made. The court may accept, reject, or modify, in whole or in part, the recommendation made by
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the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28
U.S.C. § 636(b).
After conducting a de novo review as to objections made, and considering the record, the
applicable law, the Report and Recommendation of the Magistrate Judge, and Plaintiff’s objections,
the court finds that summary judgment should be granted to Defendants. Accordingly, the court
adopts the Report by reference in this order. Plaintiff’s objections are without merit and fail to
establish any legal or factual infirmity in the Report.
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
SENIOR UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
December 14, 2015

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