Peoples v. SCDC et al

Filing 97

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 87 Report and Recommendations that defendants' 57 Motion for Summary Judgment filed by Ms Driggers, SCDC, Vivian McCall, Clarence Rogers, Cheryl Owens, Belinda Davis, Anthony Padula, is Granted and this matter is dismissed with prejudice. Signed by Honorable Cameron McGowan Currie on 2/13/09. (kmca)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENWOOD DIVISION Robert Peoples, #27600, ) ) Plaintiff, ) ) v. ) ) SCDC; Warden Anthony Padula, Lee ) Correctional Institution; Lt. Clarence ) Rogers, Lee C.I.; Lt. Matthew Williams, ) Lee C.I.; Nurse Cheryl Owens, Lee C.I.; ) Sgt. Belinda Davis, Lee C.I.; Sgt. Vivian ) McCall, Lee C.I.; and IGC Ms. Driggers; ) All in their individual Capacities, ) ) Defendants. ) ___________________________________ ) C/A NO. 8:07-2897-CMC-BHH

OPINION and ORDER

This matter is before the court on Plaintiff's pro se complaint, filed in this court pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(d), DSC, this matter was referred to United States Magistrate Judge Bruce Howe Hendricks for pre-trial proceedings and a Report and Recommendation ("Report"). On January 23, 2009, the Magistrate Judge issued a Report recommending that Defendants's motion for summary judgment be granted and Plaintiff's motion for summary judgment be denied. The Magistrate Judge advised the parties of the procedures and requirements for filing objections to the Report and the serious consequences if they failed to do so. Plaintiff filed objections to the Report on February 11, 2009. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with the court.

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See Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of any portion of the Report of the Magistrate Judge to which a specific objection is made. The court may accept, reject, or modify, in whole or in part, the recommendation made by the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b). The court reviews the Report only for clear error in the absence of an objection. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that "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.") (citation omitted). After reviewing the record of this matter, the applicable law, the Report and Recommendation of the Magistrate Judge, and Plaintiff's objections, the court agrees with the conclusions of the Magistrate Judge. Accordingly, this court adopts and incorporates the Report by reference. Plaintiff's objections to the Report fail to provide sufficient argument, legal or factual, to overcome the findings and recommendation of the Report. Defendants' motion for summary judgment (Dkt. # 57) is granted and this matter is dismissed with prejudice. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina February 13, 2009

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