Cosby v. South Carolina Probation Parole and Pardon Services
Filing
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OPINION AND ORDER RULING AND ADOPTING 36 REPORT AND RECOMMENDATION: The Defendant's motion for summary judgment is denied without prejudice and with leave to refile. Signed by Honorable Henry M. Herlong, Jr on 4/26/2021. (sgri)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Kristin Cosby,
Plaintiff,
vs.
South Carolina Probation, Parole and
Pardon Services,
Defendant.
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C.A. No. 6:20-655-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 parties 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
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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 the Defendant’s motion for summary judgment 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
April 26, 2021
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