Shannon v. South Carolina Department of Corrections et al

Filing 191

ORDER RULING ON REPORT AND RECOMMENDATION 189 . It is the judgmentof this Court that Defendants motion to dismiss for failure to prosecute is GRANTED and both Defendants motion for summary judgment and Plaintiffs motion for partial summary judgment is DENIED AS MOOT. Signed by Honorable Mary G Lewis on 1/30/2015. (kric, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
DANIEL A. SHANNON,
Plaintiff,
vs.
SOUTH CAROLINA DEPARTMENT OF
CORRECTIONS;
SCDC DIRECTOR WILLIAM BYARS;
JOHN OZMINT, Former Director of SCDC;
ROBERT WARD, Division Director
of Operations;
DAVID MCCALL, Former Warden Perry
Correctional Institution Warden Lee
Correctional Institution;
DANIEL MURPHY, Former Inspector
General for SCDC;
ELBERT PEARSON, SCDC Security Threat
Group:
JANNITA GASTON, Chair of the Maximum
Security Unit Committee;
DENNIS PATTERSON, Member of
Committee on July 14, 2009;
DEDRIC WILLIAMS, Member of
Committee on July 14, 2009:
COLIE RUSHTON, Member of
Committee on July 14, 2009;
AARON JOYNER, Member of
Committee on July 14, 2009:
BERNARD MCKIE, Warden of Kirkland
Correctional Institution;
YVONNE LOFTON, Former Classification
Caseworker for Maximum Security Unit:
CAPTAIN VAUGHN JACKSON, Major for
Maximum Security Unit:
JOHN DOES; and
JANE DOES,
Defendants.

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ORDER ADOPTING THE REPORT AND RECOMMENDATION,
GRANTING DEFENDANTS’ MOTION TO DISMISS FOR FAILURE TO PROSECUTE,
AND DENYING AS MOOT BOTH DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT AND PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
This case was filed as a 42 U.S.C. § 1983 action. Plaintiff is proceeding pro se. The matter
is before the Court for review of the Report and Recommendation (Report) of the United States
Magistrate Judge suggesting that Defendants’ motion to dismiss for failure to prosecute be granted
and both Defendants’ motion for summary judgment and Plaintiff’s motion for partial summary
judgment be denied as moot. The Report was made in accordance with 28 U.S.C. § 636 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 the Court.
Mathews v. Weber, 423 U.S. 261, 270 (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 with instructions. 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed the Report on January 8, 2015, but Plaintiff failed to file any
objections. “[I]n the absence of a timely filed objection, a district court need not conduct a de novo
review, but instead 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) (quoting Fed. R. Civ. P. 72 advisory committee’s note). Moreover, a failure to
object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard set
forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment
of this Court that Defendants’ motion to dismiss for failure to prosecute is GRANTED and both

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Defendants’ motion for summary judgment and Plaintiff’s motion for partial summary judgment is
DENIED AS MOOT.
IT IS SO ORDERED.
Signed this 30th day of January, 2015, in Columbia, South Carolina.
s/ Mary G. Lewis
MARY G. LEWIS
UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL
Plaintiff is hereby notified of the right to appeal this Order within thirty days from the date
hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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