Gainey v. Kelly et al

Filing 41

ORDER ACCEPTING 34 Report and Recommendations; DENYING 32 Motion for Default Judgment filed by Danny Ray Gainey. Signed by Honorable Terry L Wooten on 12/9/2011. (mbro, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Danny Ray Gainey,

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Plaintiff,
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vs.
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Nurse R. Kelly, Nurse Nancy Hiest, and
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Nurse Dawn Colman,
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Defendants.
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___________________________________ )

Civil Action No. 6:11-1247-TLW-KFM

ORDER
Danny Ray Gainey, (“Plaintiff”), brought this civil action, pro se, pursuant to 42 U.S.C. §
1983 on May 25, 2011. (Doc. # 1).
This matter now comes before the Court 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. In the Report, the Magistrate Judge recommends that the
Plaintiff’s Motion for Default Judgment be denied. (Doc. # 34). Objections to the Report were
due on November 17, 2011. The Plaintiff filed no objections to the Report.
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. # 34). Therefore, Plaintiff’s Motion for Default
Judgment is DENIED. (Doc. # 32).
IT IS SO ORDERED.
____s/Terry L. Wooten____
United States District Judge

December 9, 2011
Florence, South Carolina

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