Simon v. Paige et al

Filing 39

ORDER RULING ON REPORT AND RECOMMENDATION for 27 Motion to Dismiss filed by Kevin Paige, 33 Report and Recommendation. The Court adopts the Report and Recommendation. Accordingly, Defendant Paige's Motion to Dismiss (Dkt. No. 27) is DENIED. Signed by Honorable Richard M Gergel on 5/2/2014. (jbry, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

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Plaintiff,
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vs.
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L/Cpl. Kevin Paige, SCHP; Trooper Bucky )
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Geddings, SCHP; LlCpl. Mark Jennings,
SCHP; Agent H. Eric Cohoon, ATF,
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Defendants.
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Jovan Cornelius Simon,

No.9: 13-cv-3025-RMG-BM

ORDER

This matter comes before the Court on the Report and Recommendation (R & R) of the
Magistrate Judge (Dkt. No. 33), recommending that Defendant Paige's Motion to Dismiss (Dkt.
No. 27) be denied. For the reasons stated below, the Court ADOPTS the R & R. Accordingly,
Paige's motion is DENIED.

I. Lel:al Standard
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight, and the responsibility to make a final determination remains with the
Court. Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The Court may "accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate." 28
U.S.C. § 636(b)(l). This Court is charged with making a de novo determination of those
portions of the R & R or specified proposed findings or recommendations to which objection is
made. Diamond v. Colonial Life & Ace. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting 28
U.S.C. § 636(b)(l)); accord Fed. R. Civ. P. 72(b).

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Here, however, no party has filed objections to the R & R. Thus, this Court "must 'only
satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.'" Diamondv. Colonial Life & Ace. Ins. Co., 416 F.3d 310,315 (4th Cir. 2005)
(quoting Fed. R. Civ. P 72 advisory committee note). Moreover, in the absence of specific
objections to the R & R, the Court need not give any explanation for adopting the Magistrate
Judge's analysis and recommendation. See Camby v. Davis, 718 F.2d 198,200 (4th Cir. 1983).
II. Discussion

Plaintiff alleges that after he was arrested on May 9,2013, Defendant Paige transported
him to Horry County's J. Reuben Long Detention Center (JRLDC), and that at the entrance to
JRLDC, Defendant Paige ran into a metal pole. (Dkt. No.1 at 3). Plaintiff alleges that he
suffered neck pain as a result of the collision with the metal pole and essentially alleges that
Defendant Paige was deliberately indifferent to his neck injury. (ld. at 3-7). He also alleges that
Defendant Paige placed him in the front seat, with his hands handcuffed behind his back, and that
Defendants Paige refused to allow Plaintiff to use his inhaler. (Id. at 3.)
The Court agrees with the Magistrate Judge that, construing these allegations liberally, as
the Court must do with a pro se complaint, they are sufficient to set forth a plausible claim of
deliberate indifference on the part of Defendant Paige. Thus, Paige's motion is denied.
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III. Conclusion
The Court ADOPTS the R & R. Accordingly, Defendant Paige's Motion to Dismiss
(Dkt. No. 27) is DENIED.
IT IS SO ORDERED.

Richard Mark Ger
United States District Judge
May:2-,2014
Charleston, South Carolina

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