Escalante v. Anderson County Sheriff's Department et al
ORDER RULING ON REPORT AND RECOMMENDATION adopting 35 Report and Recommendation. Defendant Stewarts 27 Motion for Judgment on the Pleadings, is thereby GRANTED. Signed by Honorable Mary Geiger Lewis on 11/10/2015. (gpre, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
) Civil Action No. 8:15-177-MGL
Anderson County Sheriff’s Department, et al.,
Plaintiff Mario Escalante, (“Plaintiff”), an inmate represented by counsel, filed the instant
action pursuant to 42 U.S.C. § 1983. (ECF No. 1). In accordance with 28 U.S.C. § 636(b)(1)(B) and
Local Civil Rule 73.02(B)(2), D.S.C., this matter was referred to United States Magistrate Judge
Jacquelyn D. Austin for pre-trial handling.
On October 23, 2015, the Magistrate Judge issued a Report and Recommendation, (“the
Report”), (ECF No. 35), recommending that this Court grant Defendant Police Chief James S.
Stewart’s Motion for Judgment on the Pleadings, (ECF No. 27), as unopposed. Objections to the
Report were due by November 9, 2015. Plaintiff did not file any objections to the Report. The
matter is now ripe for review by this Court.
The Magistrate Judge makes only a recommendation to the Court. The recommendation has
no presumptive weight, and the responsibility to make a final determination remains with the Court.
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). 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).
Applying the above standards to the instant matter, the Court has carefully reviewed the
record, applicable law, and the Magistrate Judge’s Report, (ECF No. 35), and finding no clear error
in the Report, the Court adopts and incorporates it by reference. Defendant Stewart’s Motion for
Judgment on the Pleadings, (ECF No. 27), is thereby GRANTED.
IT IS SO ORDERED.
s/Mary G. Lewis
United States District Judge
November 10, 2015
Columbia, South Carolina
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