Stevenson v. Myers et al

Filing 26

ORDER adopting 24 Report and Recommendation. Respondent's motion for summary judgment, docket number 11, is denied without prejudice and with leave to refile. The parties are directed to address the issues outlined in the Report and Recommendation in any filings related to a subsequently filed motion for summary judgment. This matter is remanded to the magistrate judge for further proceedings. Signed by Honorable Henry M Herlong, Jr on 7/31/2017.(abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
Troy Stevenson,
Petitioner,
vs.
Ronaldo Myers, Director, Alvin S. Glenn
Detention Center,
Respondent.

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C.A. No. 8:17-0005-HMH-JDA

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).
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
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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 Respondent’s motion for summary judgment, docket number 11, is
denied without prejudice and with leave to refile. The parties are directed to address the issues
outlined in the Report and Recommendation in any filings related to a subsequently filed
motion for summary judgment. This matter is remanded to the magistrate judge for further
proceedings.
IT IS SO ORDERED.

s/Henry M. Herlong, Jr.
Senior United States District Judge
Greenville, South Carolina
July 31, 2017

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