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Lewis v. OMNI Indem. Co.

United States District Court, D. South Carolina

September 9, 2013

Mark M. Lewis, Plaintiff,
v.
OMNI Indemnity Company, Defendant

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Page 441

Mark M Lewis, Plaintiff, Pro se, Butner, SC.

For OMNI Indemnity Company, Defendant: Langdon Cheves, III, LEAD ATTORNEY, Allen Kopet and Associates, Greenville, SC.

OPINION

Page 442

ORDER AND OPINION

Mary G. Lewis, United States District Judge.

Plaintiff Mark M. Lewis (" Plaintiff" ), proceeding pro se, brought this action pursuant to 28 U.S.C. § 1332 alleging various state law causes of action related to an automobile insurance policy. (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 Thomas E. Rogers, III, for pre-trial handling and a Report and Recommendation (" Report" ). On January 28, 2013, Defendant Omni Indemnity Company (" Defendant" ) filed a motion for summary judgment. (ECF No. 96.) Since Plaintiff is pro se in this matter, the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975) on February 13, 2013, advising Plaintiff of the importance of a dispositive motion and of the need for him to file an adequate response. (ECF No. 99.) Plaintiff filed an opposition on February 20, 2013 (ECF No. 108), and Defendant filed a reply on March 4, 2013. (ECF No. 110.)

On August 26, 2013, Magistrate Judge Rogers issued a Report recommending that Defendant's motions for summary judgment be granted and this case be dismissed. (ECF No. 127.) 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. (ECF No. 127-1.) Plaintiff filed objections on August 26, 2013. (ECF No. 130.) For the reasons set forth herein, this court adopts the Report and hereby grants the Motion for Summary Judgment filed by Defendant Omni Indemnity Company (ECF ...


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