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, )

Download PDF
3:19-cv-03486-MGL-TER Date Filed 11/18/21 Entry Number 151 Page 1 of 2 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. § § § CIVIL ACTION NO. 3:19-3486-MGL-TER § § § § § § § § 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 3:19-cv-03486-MGL-TER Date Filed 11/18/21 Entry Number 151 Page 2 of 2 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 ***** 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. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?