Moaney v. Stansburg et al
Filing
62
ORDER ADOPTING 59 REPORT AND RECOMMENDATIONS of Magistrate Judge Bristow Marchant, granting 53 Defendants' Motion for Summary Judgment, and denying 57 Plaintiff's Motion for Summary Judgment. Signed by Honorable Henry F Floyd on 4/28/11.(rpol, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION
OMEKAS LETRELL MOANEY,
Plaintiff,
vs.
MICHAEL STANSBURY,
RODNEY CRAWFORD, and
ROBERT WAIZENJOFERIN,
Defendants.
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§ CIVIL ACTION NO. 9:09-02791-HFF-BM
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ORDER
This case was filed as a Bivens 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 Plaintiff’s motion for summary judgment be denied, that Defendants’ motion
for summary judgment be granted, and that 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).
The Magistrate Judge filed the Report on April 4, 2011, but Plaintiff failed to file any
objections to the Report. In the absence of such objections, the Court is not required to give any
explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
Moreover, a failure to object waives appellate review. Wright v. 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 summary judgment is DENIED, that Defendants’ motion for
summary judgment is GRANTED, and that this case is DISMISSED.
IT IS SO ORDERED.
Signed this 28th day of April, 2011, in Spartanburg, South Carolina.
s/ Henry F. Floyd
HENRY F. FLOYD
UNITED STATES DISTRICT JUDGE
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NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within 60 days from the date
hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.
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