Cueto v. Orangeburg Department of Public Safety

Filing 38

ORDER adopting 36 Report and Recommendation, granting 24 Motion for Partial Dismissal, granting 29 Motion for Summary Judgment. Signed by Honorable Terry L Wooten on 11/27/12.(pcas, )

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

Luis Cueto,
Plaintiff,
vs.
Orangeburg Department of Public Safety,
Defendant.
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Civil Action No. 5:11-2308-TLW-PJG

ORDER
Plaintiff Luis Cueto (“Plaintiff”) brought this civil action alleging violations of the
Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101, et seq. and state law defamation.
(Doc. # 1).
The matter now comes before this Court for review of the Report and Recommendation
(“the Report”) filed by Magistrate Judge Paige J. Gossett, to whom this case had previously been
assigned. In the Report, the Magistrate Judge recommends that the Defendant’s Motion for
Partial Dismissal, (Doc. # 24), and Motion for Summary Judgment, (Doc. # 29), be granted and
that this action be dismissed. (Doc. # 36). Objections were due by November 26, 2012.
Plaintiff did not file objections to the Report. Indeed, Plaintiff’s counsel filed a “Response” that
requests that Plaintiff’s claims be considered “abandoned.” (Doc. # 37).
This Court is charged with conducting a de novo review of any portion of the Magistrate
Judge’s Report and Recommendation 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. 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).
The Court has carefully reviewed the Magistrate Judge’s Report and Recommendation.
For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate
Judge’s Report and Recommendation is ACCEPTED. (Doc. # 36). The Defendant’s Motion
for Partial Dismissal, (Doc. # 24), and Motion for Summary Judgment, (Doc. # 29), are therefore
GRANTED. This action is dismissed.
IT IS SO ORDERED.

November 27, 2012
Florence, South Carolina

__s/Terry L. Wooten______
United States District Judge