Walker v. South Carolina Regional Housing Development Corporation No 1 et al
Filing
27
ORDER RULING ON REPORT AND RECOMMENDATION for 23 Report and Recommendation, GRANTING 6 Motion for Preliminary Injunction filed by Alquetta Walker without prejudice to Defendants rights to pursue additional eviction proceedings if new grounds arise subsequent to the filing of this action. Signed by Honorable Henry M Herlong, Jr on 1/3/17. (sfla)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
Alquetta Walker,
Plaintiff,
vs.
South Carolina Regional Housing
Development Corporation No. 1, d/b/a
South Carolina Regional Housing
Authority No. 1; Brian Griswell, in his
official capacity as Executive Director
of South Carolina Regional Housing
Development Corporation No.,
Defendants.
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C.A. No. 8:16-3070-HMH
OPINION & ORDER
This matter is before the court for review of the Report and Recommendation of United
States Magistrate Judge Jacquelyn D. Austin, made in accordance with 28 U.S.C. § 636(b)(1)
and Local Civil Rule 73.02 for the District of South Carolina.
The magistrate judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with
this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with
making a de novo determination of those portions of the Report and Recommendation to
which specific objection is made, and the court may accept, reject, or modify, in whole or in
part, the recommendation of the magistrate judge or recommit the matter with instructions.
See 28 U.S.C. § 636(b)(1) (2006).
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The parties filed no objections to the Report and Recommendation. In the absence of
objections to the magistrate judge’s Report and Recommendation, this court is not required to
give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198,
199 (4th Cir. 1983). The court 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).
After a thorough review of the Report and Recommendation and the record in this case,
the court adopts Magistrate Judge Austin’s Report and Recommendation and incorporates it
herein. It is therefore
ORDERED that Plaintiff’s motion for preliminary injunction, docket number 6, is
granted without prejudice to Defendants’ rights to pursue additional eviction proceedings if
new grounds arise subsequent to the filing of this action.
IT IS SO ORDERED.
s/Henry M. Herlong, Jr.
Senior United States District Judge
Greenville, South Carolina
January 3, 2017
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