Kahn v. Stirling et al

Filing 53

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant; granting 48 Motion for Summary Judgment. This case is dismissed. Signed by Honorable Bruce Howe Hendricks on 2/9/2017.(cwhi, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
Darnell Khan, #330148,
Plaintiff,
vs.
Bryan P. Stirling, Director of SCDC, and
Cecilia Reynolds, Warden of Lee
Correctional Institution,
Defendants.

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Civil Action No. 9:15-4585-BHH

ORDER AND OPINION

Plaintiff Darnell Khan (“Plaintiff”), proceeding pro se, brought this action pursuant
to 42 U.S.C. § 1983. (ECF No. 1.) In accordance with 28 U.S.C. § 636(b) and Local Civil
Rule 73.02(B), D.S.C., this matter was referred to United States Magistrate Judge
Bristow Marchant for pre-trial handling and a Report and Recommendation (“Report”).
This matter is before the Court on Defendant’s Motion for Summary Judgment
(ECF No. 48). On January 13, 2017, Magistrate Judge Marchant issued a Report
recommending that Defendant’s Motion for Summary Judgment be granted and this
case be dismissed. (ECF No. 51.) The Magistrate Judge advised Plaintiff of the
procedures and requirements for filing objections to the Report and the serious
consequences if he failed to do so. (Id. at 12.) Plaintiff filed no objections and the time
for doing so expired on January 30, 2017.
The Magistrate Judge makes only a recommendation to this Court. The
recommendation has no presumptive weight. The responsibility for making a final
determination remains with this Court. Mathews v. Weber, 423 U.S. 261, 270 (1976).
The Court may accept, reject, or modify, in whole or in part, the Report or may recommit

the matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1). In 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.3d 310, 315 (4th Cir. 2005).
After a careful review of the record, the applicable law, and the Report, the Court
finds the Magistrate Judge’s recommendation to be proper and to evince no clear error.
Accordingly, the Court adopts the recommendation and incorporates the Report herein
by specific reference. Defendant’s Motion for Summary Judgment (ECF No. 48) is
GRANTED and this case is dismissed.
IT IS SO ORDERED.
/s/Bruce Howe Hendricks____
United States District Judge
February 9, 2017
Greenville, South Carolina
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NOTICE OF RIGHT TO APPEAL
The parties are hereby notified that any right to appeal this Order is governed by
Rules 3 and 4 of the Federal Rules of Appellate Procedure.