Martin v. Stokes et al
ORDER RULING ON REPORT AND RECOMMENDATION adopts 5 Report and Recommendation. 2 Motion for a TRO is DENIED. Signed by Honorable Mary Geiger Lewis on 1/10/2018. (gpre, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROGER DEWAYNE MARTIN,
NURSE STOKES, NURSE JOHNSON,
and NURSE STOOKS,
§ CIVIL ACTION NO. 8:17-03391-MGL-JDA
ORDER ADOPTING THE REPORT AND RECOMMENDATION,
AND DENYING PLAINTIFF’S MOTION FOR A TEMPORARY RESTRAINING ORDER
This case was filed as an action under 42 U.S.C. § 1983. Plaintiff is proceeding pro se.
The matter is before the Court for review of the Report and Recommendation (Report) of the
United States Magistrate Judge suggesting that Plaintiff’s motion for a temporary restraining
order (TRO), ECF No. 2, be denied. The Report was made in accordance with 28 U.S.C. § 636
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 the
Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de
novo determination of those portions of the Report 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. 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed the Report on December 20, 2017, ECF No. 5, but Plaintiff
failed to file any objections to the Report. “[I]n 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.3d310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72
advisory committee's note). Moreover, a failure to object waives appellate review.
Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard
set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the
judgment of the Court that Plaintiff’s motion for a TRO, ECF No. 2, is DENIED.
IT IS SO ORDERED.
Signed this 10th day of January, 2018, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within thirty days from
the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.
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