McDaniels v. Cleary et al

Filing 42

ORDER ACCEPTING 37 REPORT AND RECOMMENDATIONS; GRANTING 29 Motion for Summary Judgment filed by Mr Planten; GRANTING 28 Motion for Summary Judgment, filed by Mr Cleary. Signed by Honorable Terry L Wooten on 3/19/2010. (mbro, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Lamar Josiah McDaniels, ) ) Plaintiff, ) ) vs. ) ) ) Mr. Cleary, Patrol Officer Badge No. ) 6658 Myrtle Beach Police Department; ) And Mr. Planten, PFC Officer Badge No. ) 7139 Myrtle Beach Police Department, ) ) Defendants. ) ___________________________________ )

Civil Action No. 6:09-1518-TLW-WMC

ORDER
Plaintiff, Lamar Josiah McDaniels ("plaintiff"), brought this civil action, pro se, pursuant to 42 U.S.C. § 1983 on June 10, 2009. (Doc. #1). This matter now comes before this Court for review of the Report and Recommendation (Athe Report@) filed by United States Magistrate William M. Catoe, to whom this case had previously been assigned. In the Report, the Magistrate Judge recommends the defendants' motions for summary judgment (Doc. # 28 and # 29), be granted. (Doc. # 37). The plaintiff filed no objections to the Report. Objections were due by March 15, 2010. 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 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. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge=s Report and Recommendation is ACCEPTED. (Doc. # 37). IT IS SO ORDERED ____s/Terry L. Wooten____ United States District Judge March 19, 2010 Florence, South Carolina

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