Latimer v. Byers et al

Filing 85

ORDER ADOPTING 52 Report and Recommendations; DENYING 43 Motion for Default Judgment filed by Randall Edwin Latimer. Signed by Honorable Joseph F Anderson, Jr on 5/21/2012. (mbro, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Randall Erwin Latimer,
Plaintiff,
vs.
Bill Byers, et al.,
Defendants.
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C/A No. 6:11-3259-JFA-KFM
ORDER

The pro se plaintiff, Randall Latimer, brings this action pursuant to 42 U.S.C. § 1983.
The Magistrate Judge assigned to this action1 has prepared a Report and Recommendation
wherein he suggests that the plaintiff’s motion for default judgment (ECF No. 43) against the
defendants should be denied because the defendants timely answered the complaint.
The plaintiff was advised of his right to file objections to the Report and
Recommendation, which was entered on the docket on March 26, 2012. The plaintiff,
however, did not file any objections to the Report within the time limits prescribed.
After a careful review of the record, the applicable law, and the Report and
Recommendation, the court finds the Magistrate Judge’s recommendation proper and
incorporated herein by reference.
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The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local
Civil Rule 73.02. The Magistrate Judge makes only a recommendation to this court. The recommendation
has no presumptive weight, and the responsibility to make a final determination remains with the court.
Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of those
portions of the Report 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 to the Magistrate
Judge with instructions. 28 U.S.C. § 636(b)(1).

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Accordingly, plaintiff’s motion for default judgment is denied. The Clerk shall return
this file to the Magistrate Judge for further proceedings.
IT IS SO ORDERED.

Joseph F. Anderson, Jr.
United States District Judge

May 21, 2012
Columbia, South Carolina

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