Trexler et al v. Richland County Humane SPCA et al

Filing 17

ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 15 Report and Recommendations, terminating as moot 14 Motion to Expedite, denying 5 Motion to Consolidate Cases. The case is remanded to the Court of Common Pleas for Calhoun County. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. Signed by Honorable R Bryan Harwell on 10/20/2009. (jpet, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ORANGEBURG DIVISION Hazelene E. Trexler and Terry A. Trexler, C.A. No.: 5:09-02173-RBH Plaintiffs, vs. Richland County Humane SPCA; Michelle Hart; Kelly Graham; Josh Gowans; Richland County Humane SPCA Board of Directors Members both individually and as an entity; and Wayne Brennessel, Defendants ORDER

This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Paige J. Gossett, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local 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 this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation 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. See 28 U.S.C. § 636(b)(1). Neither party filed objections to the Report and Recommendation. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this court is not

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required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Gossett's Report and Recommendation and incorporates it herein. It is therefore ORDERED that the case is remanded to the Court of Common Pleas for Calhoun County and the defendants' motion to consolidate is denied. Defendants' motion to expedite is terminated as moot. IT IS SO ORDERED.

s/ R. Bryan Harwell R. Bryan Harwell United States District Judge Florence, South Carolina October 20, 2009

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