Simmons v. Chesterfield Co Detention Center et al

Filing 67

ORDER RULING ON REPORT AND RECOMMENDATIONS. It is hereby ORDERED thatthe Magistrate Judges Report is ACCEPTED 63 , defendants motion for summaryjudgment is GRANTED in its entirety 48 and this case is DISMISSED. Signed by Honorable Terry L Wooten on 10/18/2011. (dsto, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Charles Olando Simmons, # 15580-171, ) ) Plaintiff, ) ) vs. ) ) Sheriff Sam Parker; ) Administrator Richie Rawlings, ) ) Defendants. ) ____________________________________) C.A. No. 4:10-1454-TLW-TER ORDER The pro se plaintiff filed this action pursuant to Title 42, United States Code, Section 1983 on June 8, 2010. (Doc. # 1). 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, III, 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.). (Doc. # 46). In his Report, Magistrate Judge Rogers recommends that the motion filed by defendants for summary judgment be granted in its entirety and that this case be dismissed. The Report was filed on August 29, 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 1 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. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge’s Report is ACCEPTED (Doc. # 63), defendants’ motion for summary judgment is GRANTED in its entirety (Doc. # 48) and this case is DISMISSED. IT IS SO ORDERED. s/ Terry L. Wooten TERRY L. WOOTEN UNITED STATES DISTRICT JUDGE October 18, 2011 Florence, South Carolina 2

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