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Lisenby v. Thomas

United States District Court, D. South Carolina

September 8, 2014

Billy Lisenby, Jr., #200273, Plaintiff,
v.
Kela E. Thomas, Director; Larry Ray Patton, Jr., Director of Parole Board Support; and The Parole Board, Defendants.

ORDER

DAVID C. NORTON, District Judge.

The above referenced case is before this court upon the magistrate judge's recommendation that defendant The Parole Board be dismissed, and that individual capacity claims against defendants Thomas and Patton be dismissed.

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] No objections have been filed to the magistrate judge's report and recommendation.

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, defendant The Parole Board is DISMISSED, and the individual capacity claims against defendants Thomas and Patton are DISMISSED. Defendants Thomas and Patton are to respond to § 1983 and ADA claims seeking declaratory and prospective injunctive relief.

AND IT IS SO ORDERED.


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