Casey v. Plastic Omnium Auto Exterior LLC
Filing
66
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 60 Report and Recommendations that Plaintiff's 53 Motion to Dismiss is granted pursuant to Federal Rule of Civil Procedure 41(a)(2) as to Defendants Karen Beasley and David Hunter; it is further ORDERED that the 36 Motion to Dismiss of Beasley and Hunter is terminated as moot. Signed by Honorable Henry M Herlong, Jr on 11/16/11. (kmca)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
Tessie Theressa Casey,
Plaintiff,
vs.
Plastic Omnium Auto Exterior, LLC,
Karen Beasley, and David Hunter,
Defendants.
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C.A. No. 8:11-1432-HMH-KFM
OPINION & ORDER
This matter is before the court for review of the Report and Recommendation of United
States Magistrate Judge Kevin F. McDonald, 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 McDonald’s Report and Recommendation and incorporates
it herein. It is therefore
ORDERED that the Plaintiff’s motion to dismiss, docket number 53, is granted
pursuant to Federal Rule of Civil Procedure 41(a)(2) as to Defendants Karen Beasley and
David Hunter; it is further
ORDERED that the motion to dismiss of Defendants Beasley and Hunter, docket
number 36, is terminated as moot.
IT IS SO ORDERED.
s/Henry M. Herlong, Jr.
Senior United States District Judge
Greenville, South Carolina
November 16, 2011
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