Kinard v. Ozmitt et al

Filing 40

ORDER ACCEPTING 36 Report and Recommendations; GRANTING 20 Motion to Dismiss filed by Ms Cook, Linda Bradshaw, John Ozmitt. Signed by Honorable Terry L Wooten on 7/18/2011. (mbro, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Benjamin Kinard, a.k.a. Benjamin J. Kinard # 317717, ) ) ) Plaintiff, ) ) vs. ) ) Director Jon Ozmint; Assoc. Warden Linda ) Bradshaw; Ms. Cook, Kitchen Supervisor; ) individually and in their official capacities, ) ) Defendants. ) ____________________________________) C.A. No. 6:10-2745-TLW-KFM ORDER The pro se plaintiff filed this action pursuant to Title 42, United States Code, Section 1983 in October, 2010. (Doc. # 1). This matter is now before the undersigned for review of the Report and Recommendation (“the Report”) filed by United States Magistrate Judge Kevin F. McDonald, to whom this case had previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). (Doc. # 36). In his Report, Magistrate Judge McDonald recommends that the defendants’ motion to dismiss for failure to state a claim should be granted. No objections to the Report have been filed. This Court is charged with conducting a de novo review of any portion of the Magistrate Judge’s Report 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. No objections have been filed to the Report. In the absence of objections to the Report and Recommendation of 1 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). A review of the record indicates that the Report accurately summarizes this case and the applicable law. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge’s Report is ACCEPTED (Doc. # 36), and defendants’ motion to dismiss is GRANTED. (Doc. # 20). IT IS SO ORDERED. s/ Terry L. Wooten TERRY L. WOOTEN UNITED STATES DISTRICT JUDGE July 18, 2011 Florence, South Carolina 2

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