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Lisenby v. Riley

United States District Court, D. South Carolina

July 11, 2014

Billy Lee Lisenby, Jr., #200273, Plaintiff,
v.
Warden Tim Riley; Associate Warden G. Lane; Associate Caldwell; Major J. Parish; Captain B. Tucker; Doctor Bearden; Nurse A. Spencer; Director William Byars; C/O Bobo; Lt. Copeland; Mrs. Janice Phillips; Warden Celia Reynolds; Associate Warden Washington; Associate McKay; Major Seward; Captain Dubois; Lt. Huntley; Mrs. Lecompt; Mrs. Powe; and Mrs. Hough, Defendants.

ORDER

DAVID C. NORTON, District Judge.

The above referenced case is before this court upon the magistrate judge's recommendation that plaintiff's motion for entry of default (ECF No. 64) be denied.

This court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1). However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend for the district court to review the factual and legal conclusions of the magistrate judge. Thomas v Arn , 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those objections at the appellate court level. United States v. Schronce , 727 F.2d 91 (4th Cir. 1984), cert. denied, 467 U.S. 1208 (1984).[1] Objections to the magistrate judge's report and recommendation were timely filed by plaintiff on July 9, 2104.

A de novo review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. Accordingly, the magistrate judge's Report and Recommendation is AFFIRMED, and plaintiff's motion for entry of default (ECF No. 64) is DENIED.

AND IT IS SO ORDERED.


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