Smith v. Anderson, City of et al

Filing 46

ORDER adopting 45 Report and Recommendation. It is ORDERED that Defendants' 20 Motion for Summary Judgment is GRANTED. Signed by Honorable Timothy M Cain on 2/6/17. (kmca)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON DIVISION
Robert P. Smith,
Plaintiff,
vs.
City of Anderson and
James S. Stewart,
Defendants.

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Civil Action No. 8:15-3395-TMC

ORDER

Plaintiff filed this action against City of Anderson and James S. Stewart alleging
employment discrimination based upon his race and breach of contract. (ECF No. 1). 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 Defendant’s motion for summary
judgment (ECF No. 20) be granted. (ECF No. 45). No party has filed any 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, 27071 (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 entire record in this case, the court adopts
the magistrate judge's Report (ECF No. 45) and incorporates it herein.

It is therefore

ORDERED that Defendants’ motion for summary judgment (ECF No. 20) is GRANTED.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
February 6, 2017
Anderson, South Carolina