BidZirk LLC et al v. Smith

Filing 108

ORDER adopting Report and Recommendation 98 denying 96 Motion to Dismiss, judgment for slander of title, and plea acceptance. Signed by Judge Henry M Herlong Jr on 6/15/07.(jtho, )

BidZirk LLC et al v. Smith

Doc. 108

6:06-cv-00109-HMH

Date Filed 06/15/2007

Entry Number 108

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION BidZirk, LLC, Daniel G. Schmidt, III, and Jill Patterson, Plaintiffs, vs. Philip Smith, Defendant. ) ) ) ) ) ) ) ) ) )

C.A. No. 6:06-0109-HMH-WMC

OPINION AND ORDER

This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge William M. Catoe, made in accordance with 28 U.S.C. § 636(b)(1) 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 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) (2006). The Defendant filed no objections to the Report and Recommendation. 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). 1

Dockets.Justia.com

6:06-cv-00109-HMH

Date Filed 06/15/2007

Entry Number 108

Page 2 of 2

After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Catoe's Report and Recommendation and incorporates it herein. It is therefore ORDERED that the Defendant's "motion for dismissal, judgment for slander of title, plea acceptance" is denied. IT IS SO ORDERED.

s/Henry M. Herlong, Jr. United States District Judge Greenville, South Carolina June 15, 2007

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