Wright v. Lexington Co. Det. Ctr. et al

Filing 151

ORDER RULING ON REPORT AND RECOMMENDATION: The Court, adopts the Report (ECF # 142 ) and incorporates it herein. Therefore, it is the judgment of this Court Griffin's Motion to Dismiss is GRANTED.IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 11/18/2021. (dsto, )

3:19-cv-03486-MGL-TER

Date Filed 11/18/21

Entry Number 151

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
ALFRED DOMENICK WRIGHT,
Plaintiff,
vs.
JOSH LOOMIS, UNKNOWN FEDERAL
AGENTS, THOMAS GRIFFIN JR.,
LEXINGTON COUNTY DETENTION
CENTER, CORRECT CARE SOLUTIONS,
and UNKNOWN UNITED STATES
MARSHALS,
Defendants.

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§ CIVIL ACTION NO. 3:19-3486-MGL-TER
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ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND GRANTING DEFENDANT GRIFFIN’S MOTION TO DISMISS
Plaintiff Alfred Domenick Wright (Wright) filed this Bivens action against Defendant
Thomas Griffin Jr. (Griffin) and the other above-named defendants. The matter is before the Court
for review of the Report and Recommendation of the United States Magistrate Judge suggesting
Griffin’s motion to dismiss be granted. The Report was made in accordance with 28 U.S.C. § 636
and Local Civil Rule 73.02 for the District of South Carolina.
The Magistrate Judge makes only a recommendation to this Court. The recommendation has
no presumptive weight. The responsibility to make a final determination remains with the Court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report to which specific objection is made, and the Court may

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Date Filed 11/18/21

Entry Number 151

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accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or
recommit the matter with instructions. 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed the Report on September 23, 2021, but Wright failed to file any
objections. “[I]n 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.’” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315
(4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). Moreover, a failure to
object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).
Therefore, after a thorough review of the Report and the record in this case pursuant to the
standards set forth above, the Court, adopts the Report and incorporates it herein. Therefore, it is
the judgment of this Court Griffin’s motion to dismiss is GRANTED.
IT IS SO ORDERED.
Signed this 18th day of October, 2021, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL
Wright is hereby notified of the right to appeal this Order within sixty days from the date
hereof, pursuant to the Federal Rules of Appellate Procedure.

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