Claiborne v. City of Greenville South Carolina et al
Filing
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ORDER RULING ON REPORT AND RECOMMENDATION for 16 . It is therefore ORDERED that Defendants Robert Dowling, Louis Beason, Deborah Gravely, Athena Miller, Steven Chasten, Mark Richards, Rick Bridwell, and Scoot McIver, are hereby DISMISSED from Plaintiffs action without prejudice and without issuance and service of process. Signed by Honorable Timothy M Cain on 11/9/2016. (kric, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Glen Earl Claiborne,
Plaintiff,
vs.
City of Greenville, South Carolina;
GreenLink; Robert Dowling;
Louis Beason; Deborah Gravely;
Athena Miller; Rick Bridwell;
Steven Chasten; Mark Richards; and
Scott McIver;
Defendants.
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Civil Action No. 6:16-2910-TMC-KFM
ORDER
Plaintiff, proceeding pro se, filed this civil action alleging employment discrimination
pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.
claiming that he was harassed by the defendants because of his race. In accordance with 28
U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter was referred to a magistrate
judge for pretrial handling.
Before the court is the magistrate judge’s Report and
Recommendation (“Report”), recommending that the court dismiss Defendants Robert Dowling,
Louis Beason, Deborah Gravely, Athena Miller, Steven Chasten, Mark Richards, Rick Bridwell,
and Scoot McIver, without prejudice and without issuance and service of process. Plaintiff was
advised of his right to file objections to the Report. (ECF No. 16 at 6). However, Plaintiff filed
no objections to the Report, and the time to do so has now run.
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
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adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in 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).
After a thorough review of the Report and the record in this case, the court adopts the
Magistrate Judge's Report (ECF No. 16) and incorporates it herein. It is therefore ORDERED
that Defendants Robert Dowling, Louis Beason, Deborah Gravely, Athena Miller, Steven
Chasten, Mark Richards, Rick Bridwell, and Scoot McIver, are hereby DISMISSED from
Plaintiff’s action without prejudice and without issuance and service of process.
IT IS SO ORDERED.
s/Timothy M. Cain
Timothy M. Cain
United States District Judge
November 9, 2016
Anderson, South Carolina
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4
of the Federal Rules of Appellate Procedure.
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