Jacobs v. South Carolina Department of Mental Health

Filing 60

ORDER denying 44 Motion to Dismiss; adopting 52 Report and Recommendation. Signed by Honorable Sherri A. Lydon on 1/22/2021.(ahil)

3:20-cv-00543-SAL-PJG

Date Filed 01/22/21

Entry Number 60

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Glen Jacobs,

Case No. 3:20-cv-543-SAL
Plaintiff,

v.

ORDER

South Carolina Department of Mental Health;
Donna McLane; Shawna Martin-Lyle,
Defendants.

This matter is before the Court for review of the October 16, 2020 Report and
Recommendation (“Report”) of United States Magistrate Judge Paige J. Gossett, made in
accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.). [ECF No. 52]. In
the Report, the Magistrate Judge recommends the defendants’ motion to dismiss, ECF No. 44, be
denied. [ECF No. 52 p.2]. No party filed objections to this Report, and the time to do so has
passed. See [ECF No. 52].
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 this
Court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The Court is charged with making
a de novo determination of only those portions of the Report that have been specifically objected
to, and the Court may accept, reject, or modify the Report, in whole or in part. 28 U.S.C. §
636(b)(1). In the absence of objections, the Court is not required to provide an explanation for
adopting the Report and 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) (citing Fed. R. Civ. P. 72 advisory committee’s note).

1

3:20-cv-00543-SAL-PJG

Date Filed 01/22/21

Entry Number 60

Page 2 of 2

After a thorough review of the Report, the applicable law, and the record of this case in
accordance with the above standard, the Court finds no clear error, adopts the Report, and
incorporates the Report by reference herein. Accordingly, Defendant’s motion to dismiss, ECF
No. 44, is DENIED. Motions are referred to United States Magistrate Judge Paige J. Gossett for
further proceedings.
IT IS SO ORDERED.
/s/Sherri A. Lydon
Sherri A. Lydon
United States District Judge

January 22, 2021
Florence, South Carolina

2