Nelson v. Ceramtec North America Corp

Filing 54

ORDER RULING ON REPORT AND RECOMMENDATION for 27 Motion for Partial Summary Judgment as to 49 Report and Recommendation; ADOPTING and incorporating the Report and Recommendation. Motion 27 for partial summary judgment is denied without prejudice and with leave to refile. Signed by Honorable Henry M Herlong, Jr on 3/6/17. (sfla)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Chris Nelson, Plaintiff, vs. Ceramtec North America Corp., Defendant. ) ) ) ) ) ) ) ) ) C.A. No. 6:16-0367-HMH-JDA OPINION & ORDER This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Jacquelyn D. Austin, made in accordance with 28 U.S.C. § 636(b)(1) 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 this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation 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. See 28 U.S.C. § 636(b)(1) (2006). The Plaintiff filed no objections to the Report and Recommendation. In the absence of objections to the magistrate judge’s Report and Recommendation, 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 must “only satisfy itself that there is no clear error on the face 1 of the record in order to accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Austin’s Report and Recommendation and incorporates it herein. It is therefore ORDERED that Plaintiff’s motion for partial summary judgment, docket number 27, is denied without prejudice and with leave to refile. IT IS SO ORDERED. s/Henry M. Herlong, Jr. Senior United States District Judge Greenville, South Carolina March 6, 2017 NOTICE OF RIGHT TO APPEAL The Plaintiff is hereby notified that he has the right to appeal this order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. 2

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