Bouknight v. KW Associates LLC et al

Filing 20

OPINION and ORDER adopting 18 Report and Recommendation, remanding this action to state court. Signed by Honorable Cameron McGowan Currie on 11/24/2015. (cbru, )

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

C/A No. 3:15-2879-CMC-PJG

Plaintiff,
v.
KW Associates LLC, d/b/a KW Beverage,
d/b/a Budweiser of Columbia, and Jim
Kirkham,

Opinion and Order

Defendant.

This matter is before the court on Plaintiff’s motion to remand. In accordance with 28
U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2), DSC, this matter was referred to United
States Magistrate Judge Paige J. Gossett for pre-trial proceedings and a Report and
Recommendation (“Report”). On November 5, 2015, the Magistrate Judge issued a Report
recommending that (1) the matter be remanded to the state court from which it was removed
and (2) the court decline to award attorney’s fees. T
The Magistrate Judge advised the parties of the procedures and requirements for filing
objections to the Report and the serious consequences if they failed to do so. Neither party
filed 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 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, 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.
This action is remanded to the state court from which it was removed. No fees or costs are
awarded.

IT IS SO ORDERED.
s/Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
Senior United States District Judge
Columbia, South Carolina
November 24, 2015

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