Burnett v. Canning et al

Filing 64

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant; granting 41 Motion for Summary Judgment; finding as moot 63 Motion for Issuance of Subpoena. This case is DISMISSED WITH PREJUDICE. Signed by Honorable Mary Geiger Lewis on 8/10/2017.(cwhi, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION ' ' ' vs. ' ' CAPTAIN CANNING; SERGEANT FISHER; ' CAPTAIN NANCE; MAJOR TUCKER; ' SERGEANT BURRISON; and DAVID M. ' TATARSKY, ' Defendants. ' WILLIAM LEON BURNETT, Plaintiff, CIVIL ACTION NO. 9:16-02742-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 for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting Defendants’ motion for summary judgment be granted and the case be dismissed with prejudice. 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 July 18, 2017, but Plaintiff failed to file any objections to the Report. “[I]n 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) (quoting Fed. R. Civ. P. 72 advisory committee’s note). 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 this Court Defendants’ motion for summary judgment is GRANTED and the case is DISMISSED WITH PREJUDICE. Plaintiff’s Motion for Issuance of Subpoena is thereby RENDERED MOOT. IT IS SO ORDERED. Signed this 10th day of August, 2017, in Columbia, South Carolina. s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE ***** 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. 2

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