Walker v. Miles et al
ORDER accepting 75 Report and Recommendation. It is therefore ORDERED that Defendants' 48 Motion for Summary Judgment is GRANTED. Signed by Honorable J Michelle Childs on 9/15/14. (kmca)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
David Richard Walker, Jr.,
Dr. William Miles and Correct Care
Civil Action No.:8:14-cv-00996-JMC
Plaintiff brought this action seeking relief pursuant to Title 42 U.S.C. § 1983. This matter
is before the court for review of the magistrate judge's Report and Recommendation (“Report”) (ECF
No. 75), filed on August 25, 2014, recommending that Defendants’ Motion for Summary Judgment
be granted (ECF No. 48). The Report sets forth in detail the relevant facts and legal standards on
this matter which the court incorporates herein without a recitation.
The magistrate judge’s Report and Recommendation is made in accordance with 28 U.S.C.
§ 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. “The Court is not bound
by the recommendation of the magistrate judge but, instead, retains responsibility for the final
determination.” Wallace v. Hous. Auth., 791 F. Supp. 137, 138 (D.S.C. 1992) (citing Matthews v.
Weber, 423 U.S. 261, 271 (1976)). The court is charged with making a de novo determination of
those portions of the Report and Recommendation to which specific objections are made, and the
court may accept, reject, or modify, in whole or in part, the magistrate judge’s recommendation or
recommit the matter with instructions. See 28 U.S.C. § 636(b)(1).
Plaintiff was advised of his rights to file objections to the Report (ECF No. 75-1).
However, Plaintiff filed no objections to the Report.
In the absence of objections to the magistrate judge's Report, 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 advisory committee's note). Furthermore,
failure to file specific written objections to the Report results in a party's waiver of the right to appeal
from the judgment of the District Court based upon such recommendation. 28 U.S.C. § 636(b)(1);
Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States
v. Schronce, 727 F.2d 91 (4th Cir. 1984).
Therefore, after a thorough and careful review of the Report and the record in this case, the
court finds the Report provides an accurate summary of the facts and law. The court ACCEPTS the
Report and Recommendation (ECF No.75). For the reasons articulated by the magistrate judge, it
is therefore ORDERED that Defendants’ Motion for Summary Judgment is GRANTED (ECF No.
IT IS SO ORDERED.
United States District Judge
September 15, 2014
Greenville, South Carolina
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