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Holloman v. South Carolina Department of Mental Health

United States District Court, D. South Carolina, Columbia Division

October 7, 2014

Carole Holloman, Plaintiff,
v.
South Carolina Department of Mental Health Defendant.

ORDER

JOSEPH F. ANDERSON, Jr., District Judge.

Carole Holloman ("Plaintiff") filed a lawsuit in the Court of Common Pleas in Kershaw County asserting claims for breach of contract against her former employer, the South Carolina Department of Mental Health ("Department"). The Department removed the case to federal district court pursuant to 28 U.S.C. §§ 1441(a) and 1146(b)(3), asserting jurisdiction based on federal question jurisdiction under 28 U.S.C. §§ 1331 and 1343. Plaintiff moved to remand this case back to state court. (ECF No. 6).

The Magistrate Judge assigned to this action[1] prepared a thorough Report and Recommendation ("Report") and opines that this court should deny the motion to remand filed by Plaintiff. (ECF No. 17). The Report sets forth in detail the relevant facts and standards of law on this matter, and this court incorporates those facts and standards without a recitation.

Plaintiff was advised of her right to object to the Report, which was entered on the docket on September 11, 2014. However, Plaintiff did not file objections. In the absence of specific objections to the Report of the Magistrate Judge, this court is not required to give an explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

After carefully reviewing the applicable laws, the record in this case, as well as the Report, this court finds the Magistrate Judge's recommendation fairly and accurately summarizes the facts and applies the correct principles of law. Accordingly, the court adopts the Report and denies Plaintiff's motion to remand.

IT IS SO ORDERED.


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