Simmons v. Ozmint et al

Filing 92

ORDER ADOPTING 89 REPORT AND RECOMMENDATIONS, DENYING plaintiff's 85 Motion to Dismiss, and GRANTING defendants' 78 Motion for Summary Judgment signed by Honorable R Bryan Harwell on 8/31/09. (ncha, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Cecil Simmons, #177634, Plaintiff, vs. Director Jon Ozmint, Captain Brihart, Hearing Officer Debra Row, Warden Stan Burtt, in their individual capacities, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) C.A. No.: 6:08-860-RBH 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)(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). The plaintiff 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

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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 Catoe's Report and Recommendation and incorporates it herein. It is therefore ORDERED that the defendant's motion for summary judgment is granted and the plaintiff's "motion to dismiss the defendants' motion for summary judgment" is denied. IT IS SO ORDERED.

s/ R. Bryan Harwell R. Bryan Harwell United States District Judge Florence, South Carolina August 31, 2009

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