Logan v. HUDD et al

Filing 85

ORDER ADOPTING REPORT AND RECOMMENDATIONS and GRANTING 66 Motion for Summary Judgment filed by Michael J Raymond, Greenville Housing Authority, GRANTING 57 Motion to Dismiss/Lack of Jurisdiction filed by Jim Chaplin, HUDD, Marilyn Parmley, 82 Report and Recommendations. Signed by Honorable Henry M Herlong, Jr on 6/10/10. (sfla)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Jackie Logan, Plaintiff, vs. HUD; Greenville Housing Authority; Jim Chaplin; Marilyn Parmley; and Michael J. Raymond, Defendants. ) ) ) ) ) ) ) ) ) ) ) C.A. No. 6:09-744-HMH 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 Plaintiff filed no objections to the Report and Recommendation. In the absence of objections to the magistrate judge's Report and Recommendation, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 1 199 (4th Cir. 1983). The court must "only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). 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 motion to dismiss by Defendants United States Department of Housing and Urban Development, Jim Chaplin, and Marilyn Parmley, docket number 57, is granted. It is further ORDERED that the motion for summary judgment by Defendants Greenville Housing Authority and Michael Raymond, docket number 66, is granted. IT IS SO ORDERED. s/Henry M. Herlong, Jr. Senior United States District Judge Greenville, South Carolina June 10, 2010 NOTICE OF RIGHT TO APPEAL The Plaintiff is hereby notified that he has the right to appeal this order within sixty (60) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. 2

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