Flowers v. South Carolina, State of et al
Filing
36
ORDER RULING ON REPORT AND RECOMMENDATION; adopting 22 Report and Recommendation, 12 Motion to Remand to State Court filed by Carmichael T Flowers is DENIED. Signed by Honorable Timothy M Cain on 6/8/2015. (gpre, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
Carmichael T. Flowers,
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Plaintiff,
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v.
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State of South Carolina, South Carolina
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Department of Corrections, et al.,
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Defendants.
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____________________________________)
C.A. No. 8:15-706-TMC-JDA
ORDER
Plaintiff, a state prisoner proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983.
In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter was
referred to a magistrate judge for pretrial handling. Before the court is the magistrate judge’s
Report and Recommendation (“Report”), recommending that Plaintiff's motion to remand (ECF
No. 12) be denied. (ECF No. 22). Plaintiff was advised of his right to file objections to the
Report. (ECF No. 22-1). However, Plaintiff filed no objections to the Report and the time to do
so has now run.
The Report has no presumptive weight and the responsibility to make a final determination
in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). In
the absence of objections, this court is not required to provide an explanation for adopting the
Report. 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).
After a thorough review of the Report and the record in this case, the court adopts the
Magistrate Judge's Report (ECF No. 22) and incorporates it herein. It is therefore ORDERED that
Plaintiff's motion to remand (ECF No. 12) is DENIED.
IT IS SO ORDERED.
s/Timothy M. Cain_______
United States District Judge
Anderson, South Carolina
June 8, 2015
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4 of
the Federal Rules of Appellate Procedure.
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