Creamer v. Williamston, Town of

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendations, that Defendant's 5 First Partial Motion to Dismiss is MOOT and will be DISMISSED. Signed by Honorable G Ross Anderson, Jr on 7/17/12. (kmca)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
Ashley E. Creamer,
Plaintiff,
v.
Town of Williamston,
Defendant.
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C/A No. 8:12-cv-00501-GRA
ORDER
(Written Opinion)

This matter comes before the Court for a review of the magistrate’s Report
and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(A) and Local Civil Rule
73.02(B)(2)(g) DSC, filed on March 20, 2011. See ECF No. 14. Plaintiff brought
this action alleging breach of contract, pregnancy discrimination, retaliation under
the Pregnancy Discrimination Act and the Family and Medical Leave Act (“FMLA”),
and a violation of the FMLA.

See ECF No. 1. Magistrate Judge Jacquelyn D.

Austin recommends that Defendant’s First Partial Motion to Dismiss, ECF No. 5, be
found as moot.
The magistrate makes only a recommendation to this Court.

The

recommendation has no presumptive weight, and the responsibility to make a final
determination remains with this Court. Mathews v. Weber, 423 U.S. 261, 270–71
(1976).

This Court is charged with making a de novo determination of those

portions of the Report and Recommendation to which specific objection is made,
and this Court may "accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate." 28 U.S.C. § 636(b)(1). This Court
may also "receive further evidence or recommit the matter to the magistrate with
instructions."

Id.

In the absence of specific objections to the Report and

Recommendation, this Court is not required to give any explanation for adopting
the recommendation. Camby v. Davis, 718 F.2d 198 (4th. Cir. 1983). There were
no objections or responses filed by either party.
After reviewing the magistrate’s Report and Recommendation and relevant
case law, this Court finds that the Report and Recommendation applies sound legal
principles to the facts of this case. Therefore, this Court adopts it in its entirety.
IT THEREFORE ORDERED THAT Defendant’s First Partial Motion to Dismiss,
ECF No. 5, is MOOT and will be DISMISSED.
IT IS SO ORDERED.

July 17, 2012
Anderson, South Carolina
NOTICE OF RIGHT TO APPEAL
Petitioner has the right to appeal this Order within thirty (30) days from the
date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.
Failure to meet this deadline, as modified by Rule 4 of the Federal Rules of
Appellate Procedure, will waive the right to appeal.
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