Jones v. Owens Corning
ORDER and OPINION RULING ON REPORT AND RECOMMENDATION adopting 80 Report and Recommendation, granting 64 Motion for Summary Judgment, filed by Owens Corning. Signed by Honorable Bruce Howe Hendricks on 4/26/17. (alew, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
C/A No.: 7:15-5090-BHH
ORDER AND OPINION
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) and Local Rule 73.02 for the District of South Carolina. On March 39,
2017, the Magistrate Judge issued a Report and Recommendation recommending that
Defendant’s motion for summary judgment be granted. (ECF No. 80.)
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 may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1). The Court may
also receive further evidence or recommit the matter to the Magistrate Judge with
instructions. Id. The Court is charged with making a de novo determination of those
portions of the Report and Recommendation to which specific objections are made.
Plaintiff filed no objections and the time for doing so expired on April 17, 2017. In
the absence of objections to the Magistrate Judge’s Report and Recommendation, this
Court is not required to provide an explanation for adopting the recommendation. 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 and advisory committee’s note).
Here, because no objections have been filed, the Court has reviewed the
Magistrate Judge’s findings and recommendations for clear error. Finding none, the
Court agrees with the Magistrate Judge that Defendant is entitled to summary judgment
on Plaintiff’s claims for ADA discrimination and retaliation
Accordingly, the Report and Recommendation is adopted and incorporated
herein by reference, and Defendant’s motion for summary judgment is GRANTED.
IT IS SO ORDERED.
/s/Bruce Howe Hendricks
United States District Judge
April 26, 2017
Greenville, South Carolina
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified that any right to appeal this Order is governed by
Rules 3 and 4 of the Federal Rules of Appellate Procedure.
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