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Thomas v. Sumter-Lee Regional Detention Center

United States District Court, D. South Carolina, Rock Hill Division

July 18, 2014

Christopher L. Thomas, Plaintiff,
v.
Sumter-Lee Regional Detention Center; Lt. McMillian; and Lt. Glover-Blanding, Defendants.

ORDER

TIMOTHY M. CAIN, District Judge.

Plaintiff Christopher L. Thomas, a state prisoner, filed this action pursuant to 42 U.S.C. § 1983. On June 27, 2013, Magistrate Judge Paige J. Gossett issued a Report and Recommendation ("Report") recommending that the Defendants' Motion for Summary Judgment (ECF No. 36) be granted, and the Complaint be dismissed with prejudice. (ECF No. 45).[1] Plaintiff was advised of his right to file objections to the Report (ECF No. 45 at11). However, Plaintiff has not filed any objections to the Report and the time for doing so has expired.[2]

The Report has no presumptive weight and the responsibility to make a final determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). In the absence of objections, this court is not required to provide an explanation for adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, "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) (quoting Fed.R.Civ.P. 72 advisory committee's note). Furthermore, failure to file specific written objections to the Report results in a party's waiver of the right to appeal the district court's judgment based upon that recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).

After a thorough review of the Report and the record in this case, the court adopts the Magistrate Judge's Report (ECF No. 45) and incorporates it herein. Therefore, Defendants' Motion for Summary Judgment (ECF No. 36) is GRANTED, and this action is DISMISSED with prejudice.

IT IS SO ORDERED.


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