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Frilando v. Johnson

United States District Court, D. South Carolina

September 25, 2014

John A. Frilando, Plaintiff,
v.
Director Timothy Johnson; Associate Warden Lankford; Unite Manager R. Keys; SIS Counselor T. Naylor; Lieutenant J. Stivers; Lieutenant Goodyear; Lieutenant F. Hill; Lieutenant Hankerson; Captain E. Rayburn; Fredrick Grainger; Counselor Thrasher, and SIS Lieutenant J. Patterson, Defendants.

ORDER

DAVID C. NORTON, District Judge.

The above referenced case is before this court upon the magistrate judge's recommendation that defendants' motion for summary judgment be granted and the case be dismissed in its entirety.

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 September 19, 2014.

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, defendants' motion for summary judgment is GRANTED, and this case is DISMISSED in its entirety.

IT IS FURTHER ORDERED that all other pending motions are deemed MOOT.

AND IT IS SO ORDERED.


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