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, )

Download PDF
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. ) ) ) ) ) ) ) ) ) ) ) ) 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 ***** 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.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?