Bunch v. Nash

Filing 38

ORDER RULING ON REPORT AND RECOMMENDATION: Court adopts 34 Report and Recommendation, grants 25 Motion for Summary Judgment filed by Ray Nash and finds as moot 32 Motion to Stay filed by Ray Nash, 31 Motion for Default Judgment filed by Dempsey L Bunch, 22 Motion for Extension of Time to Complete Discovery filed by Dempsey L Bunch. Plaintiff's action is dismissed. Signed by Honorable Henry F. Floyd on 2/10/09. (swel, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION DEMPSEY L. BUNCH, Plaintiff, vs. RAY NASH, SHERIFF (INDIVIDUALLY), Defendant. § § § § § § §

CIVIL ACTION NO. 4:07-3674-HFF-TER

ORDER This case was filed as a 42 U.S.C. § 1983 action. Plaintiff is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that Defendant Nash's motion for summary judgment (document #25) be granted, this action be dismissed, and all other outstanding motions be deemed moot. 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 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 January 21, 2009, but neither party filed any objections to the Report. In the absence of such objections, the Court is not required to give any explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985). After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court that Defendant Nash's motion for summary judgment (document #25) be GRANTED and Plaintiff's action be DISMISSED. All other outstanding motions are deemed MOOT. IT IS SO ORDERED. Signed this 10th day of February, 2009, in Spartanburg, South Carolina.

s/ Henry F. Floyd HENRY F. FLOYD UNITED STATES DISTRICT JUDGE ***** NOTICE OF RIGHT TO APPEAL The parties are hereby notified of the right to appeal this Order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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