Hossian v. Duke Energy

Filing 47

ORDER RULING ON REPORT AND RECOMMENDATION: The Court overrules Duke's Objection, adopts the Report 42 , and incorporates it herein.Therefore, it is the judgment of this Court Duke's motion to dismiss 33 is DENIED.IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 10/29/2018. (dsto, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
ZIAUL M. HOSSAIN,
Plaintiff
vs.
DUKE ENERGY,
Defendant.

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§ CIVIL ACTION NO. 4:18-404-MGL-TER
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ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DENYING DEFENDANTS’ MOTION TO DISMISS
Plaintiff Ziaul M. Hossain filed this action against Defendant Duke Energy (Duke) alleging
employment discrimination because of his race and disability. He 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 Duke’s motion to dismiss pursuant to Fed. R. Civ. P. 41(b) be denied.
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 October 12, 2018, and Duke filed its objections on
October 26, 2018. In its objections, Duke complains the Magistrate Judge erred in failing to address
its request Hossain be compelled to comply with his discovery obligations. Therefore, it asks this
Court grant its motion to compel.
Inasmuch as the Magistrate Judge is handling all pretrial matters in this action, however, the
Court is of the opinion it ought to leave the adjudication of Duke’s motion to compel to the wise
discretion of the learned Magistrate Judge. Accordingly, Duke’s objection is overruled.
After a thorough review of the Report and the record in this case pursuant to the standard set
forth above, the Court overrules Duke’s objection, adopts the Report, and incorporates it herein.
Therefore, it is the judgment of this Court Duke’s motion to dismiss is DENIED.
IT IS SO ORDERED.
Signed this 29th day of October, 2018, in Columbia, South Carolina.
s/ Mary G. Lewis
MARY G. LEWIS
UNITED STATES DISTRICT JUDGE

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