Tyler v. Coe et al

Filing 32

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant; granting 19 Motion for Summary Judgment; finding as moot 31 Motion to Dismiss. This case is DISMISSED WITH PREJUDICE. Signed by Honorable Mary Geiger Lewis on 3/23/2017.(cwhi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION
LARRY JAMES TYLER,
Plaintiff,
vs.
WADELL COE and DIANN WILKS,
Defendants.

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CIVIL ACTION NO. 9:16-cv-02711-MGL

ORDER ADOPTING THE REPORT AND RECOMMENDATION,
GRANTING DEFENDANTS= MOTION FOR SUMMARY JUDGMENT,
AND DISMISSING THE CASE WITH PREJUDICE
This case was filed as a 42 U.S.C. ' 1983 action. Plaintiff is proceeding pro se. The
matter is before the Court (1) for review of the Report and Recommendation (Report) of the United
States Magistrate Judge suggesting Defendants= motion for summary judgment be granted and this
case be dismissed; and (2) consideration of Plaintiff’s motion to dismiss. 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 March 9, 2017, and the Clerk of Court entered
Plaintiff=s motion to dismiss the case, in lieu of his objections, on March 23, 2017.
In Plaintiff=s motion to dismiss, he states he Awould like not to pursue@ his case. ECF No.
31. Further, Plaintiff asks the Court to Aplease dismiss@ his case and avers Athere is a new sheriff
in Darlington [who] has a new jail warden [who] easily took me off their poor under nutritional
vegetarian diet.@ Id. In light of Plaintiff=s motion to dismiss his case, the Court concludes
Plaintiff has no objections to the Report.
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 this Court Defendants= motion for summary judgment is GRANTED and this case is
DISMISSED WITH PREJUDICE. Plaintiff=s motion to dismiss is thus RENDERED MOOT.
IT IS SO ORDERED.
Signed this 23rd day of March, 2017, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
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 thirty days from the
date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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