Fluker v. Simmons et al

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATIONS 43 , granting the Motion for Summary Judgment filed by J D Owens 37 , and dismissing this case. Signed by Honorable Henry F Floyd on 9/22/09. (rpol, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION MICHAEL COREY FLUKER, Plaintiff, vs. CAPTAIN J. D. OWENS of the South Carolina Highway Patrol, Defendant. § § § § § § § ORDER This case was filed as a 42 U.S.C. § 1983 action. 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 Defendant's motion for summary judgment be granted and this case be dismissed. 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).

CIVIL ACTION NO. 9:08-3704-HFF-BM

The Magistrate Judge filed the Report on September 1, 2009, and the Clerk of Court entered Plaintiff's objections to the Report on September 17, 2009. The Court has reviewed Plaintiff's objections, however, and finds them to be without merit. Therefore, the Court will enter judgment accordingly. After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court overrules Plaintiff's objections, adopts the Report and incorporates it herein. Therefore, it is the judgment of this Court that Defendant's motion for summary judgment be GRANTED and this case be DISMISSED. IT IS SO ORDERED. Signed this 22nd day of September, 2009, in Spartanburg, South Carolina.

s/ Henry F. Floyd HENRY F. FLOYD UNITED STATES DISTRICT JUDGE

***** NOTICE OF RIGHT TO APPEAL The parties are hereby notified of the right to appeal this Order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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