Hunter v. Boone et al

Filing 49

ORDER RULING ON REPORT AND RECOMMENDATION 47 . It is the judgment of this Court Defendants' motion for summary judgment is GRANTED, Plaintiff's motion for default judgment is DENIED, and Plaintiffs motion for issuance of subpoenas is RENDERED MOOT. Signed by Honorable Mary Geiger Lewis on 2/3/2017. (kric, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION ONDRE TREVEZ HUNTER, Plaintiff, vs. KENNY BOONE, JOYCE BRUNSON, and TERESA CUNNINGHAM, Defendants. § § § § CIVIL ACTION NO. 6:16-473-MGL-KFM § § § § ORDER ADOPTING THE REPORT AND RECOMMENDATION, GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT, AND RENDERING AS MOOT PLAINTIFF’S MOTION FOR ISSUANCE OF SUBPOENAS This case was filed as a 42 U.S.C. § 1983 action. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting Defendants’ motion for summary judgment be granted, Plaintiff’s motion for default judgment be denied, and any pending dispositive motions be rendered 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 18, 2017, 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 employing the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of this Court Defendants' motion for summary judgment is GRANTED, Plaintiff's motion for default judgment is DENIED, and Plaintiff’s motion for issuance of subpoenas is RENDERED MOOT. IT IS SO ORDERED. Signed this 3rd day of February, 2017, in Columbia, South Carolina. s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE ***** 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. 2

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