Reaves v. Rhodes et al

Filing 140

ORDER RULING ON REPORT AND RECOMMENDATION: IT IS HEREBY ORDERED that the Magistrate Judge's Report is ACCEPTED (Doc. # 135 ), the Marion Defendants' Motion for Attorney's Fees (Document # 123 ) is GRANTED and Le von Nichols, Sherry R. Rhodes, Mark Richardson, and South Carolina Department of Social Services are awarded fees and costs in the amount of $14,933.80; and the Mullins Defendants' Motion for Attorney's Fees (Document # 124 ) is GRANTE D and Wayne Collins, Kenny Davis, Terry Davis, Pam Lee, City of Mullins Police Department, City of Mullins, Patricia A. Phillips, Jo A. Sanders, Terry B. Strickland, and Carolyn Wilson are awarded fees and costs in the amount of $6,939.32. Signed by Honorable Terry L Wooten on 3/7/2012. (prou, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

Reverend Franklin C. Reaves, Ph.D.,

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Plaintiff,
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vs.
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Sherry R. Rhodes, individually and in her official capacity as
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Clerk of Court for Marion County; Mark Richardson,
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individually and in his official capacity as Sheriff of Marion
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County; Levon Nichols, individually and in his official
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capacity as Deputy Sheriff of Marion County; Willie Dean
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White, individually; City of Mullins; Pam Lee, individually
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and in her official capacity as Mayor; Terry B. Strickland,
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individually and in his official capacity; Terry Davis,
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individually and in her official capacity; Wayne Collins,
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individually and in his official capacity; Jo A. Sanders,
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individually and in her official capacity; Patricia A. Phillips,
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individually and in her individual capacity; Carolyn Wilson,
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individually and in her official capacity; City of Mullins
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Police Department; Kenny Davis, individually and in his
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official capacity as Chief of Mullins Police Department;
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South Carolina Department of Social Services,
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Defendants.
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____________________________________________________)

C.A. No.: 4:10-125-TLW-TER

This matter is now before the undersigned for review of the Report and Recommendation
(“the Report”) filed by United States Magistrate Judge Thomas E. Rogers, to whom this case had
previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). In
his Report, Magistrate Judge Rogers recommends that the Marion1 Defendants’ Motion for
Attorney’s Fees (Document # 123) be granted and Levon Nichols, Sherry R. Rhodes, Mark
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The Marion Defendants collectively refers to Levon Nichols, Sherry R. Rhodes, Mark
Richardson, and the South Carolina Department of Social Services.
1

Richardson, and South Carolina Department of Social Services be awarded fees and costs in the
amount of $14,933.80 and that the Mullins2 Defendants’ Motion for Attorney’s Fees (Document #
124) be granted and Wayne Collins, Kenny Davis, Terry Davis, Pam Lee, City of Mullins Police
Department, City of Mullins, Patricia A. Phillips, Jo A. Sanders, Terry B. Strickland, and Carolyn
Wilson be awarded fees and costs in the amount of $6,939.32. The Report was filed on February
3, 2011. To date, no objections to the Report have been filed.
This Court is charged with conducting a de novo review of any portion of the Magistrate
Judge’s Report to which a specific objection is registered, and may accept, reject, or modify, in
whole or in part, the recommendations contained in that report. 28 U.S.C. § 636. No objections
have been filed to the Report. In the absence of objections to the Report and Recommendation of
the Magistrate Judge, this Court is not required to give any explanation for adopting the
recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
A review of the record indicates that the Report accurately summarizes this case and the
applicable law. THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge’s Report
is ACCEPTED (Doc. # 135), the Marion Defendants’ Motion for Attorney’s Fees (Document # 123)
is GRANTED and Levon Nichols, Sherry R. Rhodes, Mark Richardson, and South Carolina
Department of Social Services are awarded fees and costs in the amount of $14,933.80; and the
Mullins Defendants’ Motion for Attorney’s Fees (Document # 124) is GRANTED and Wayne
Collins, Kenny Davis, Terry Davis, Pam Lee, City of Mullins Police Department, City of Mullins,

2

The Mullins Defendants collectively refers to Wayne Collins, Kenny Davis, Terry Davis,
Pam Lee, City of Mullins Police Department, City of Mullins, Patricia A. Phillips, Jo A. Sanders,
Terry B. Strickland, and Carolyn Wilson.
2

Patricia A. Phillips, Jo A. Sanders, Terry B. Strickland, and Carolyn Wilson are awarded fees and
costs in the amount of $6,939.32.
IT IS SO ORDERED.
s/ Terry L. Wooten
TERRY L. WOOTEN
UNITED STATES DISTRICT JUDGE

March 7, 2012
Florence, South Carolina

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