Morton v. Darden Restaurants Inc

Filing 35

OPINION and ORDER RULING ON REPORT AND RECOMMENDATION for 14 Motion to Dismiss, filed by Darden Restaurants Inc, 30 Report and Recommendation. Signed by Honorable Henry M Herlong, Jr on 3/28/18. (sfla)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
Albany Devionna Morton,
Plaintiff,
vs.
Darden Restaurants, Inc., d/b/a LongHorn
Steakhouse,
Defendant.

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C.A. No. 8:17-1865-HMH-KFM

OPINION & ORDER

This matter is before the court for review of the Report and Recommendation of United
States Magistrate Judge Kevin F. McDonald, 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 Plaintiff 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 McDonald’s Report and Recommendation and incorporates
it herein. It is therefore
ORDERED that the Defendant’s motion to compel arbitration and dismiss this action,
docket number 14, is granted.
IT IS SO ORDERED.

s/Henry M. Herlong, Jr.
Senior United States District Judge
Greenville, South Carolina
March 28, 2018

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