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Wolfe v. Byars

United States District Court, D. South Carolina

November 10, 2014

Sylvester Wolfe, Plaintiff,
v.
William R. Byars, Jr.; Dr. Thomas Byrne, M.D.; and Warden John M. Pate, Defendants.

ORDER

JOSEPH F. ANDERSON, Jr., District Judge.

The pro se plaintiff, Sylvester Wolfe, is an inmate with the South Carolina Department of Corrections (SCDC). He brings this action pursuant to 42 U.S.C. ยง 1983 contending that the defendants were deliberately indifferent to his serious medical needs. The plaintiff suffered injuries after falling from an attempt to scale a fence at the Allendale Correctional Institution.

The Magistrate Judge assigned to this action[1] has prepared a Report and Recommendation and opines that defendants' motion for summary judgment[2] should be granted. The Report sets forth in detail the relevant facts and standards of law on this matter, and the court incorporates such without a recitation.

The plaintiff was advised of his right to file objections to the Report and Recommendation. However, the plaintiff did not file objections and the time within which to do so has now expired. In the absence of specific objections to the Report of the Magistrate Judge, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

As the Magistrate Judge properly opines, the plaintiff's claims against the defendants for money damages in their official capacities are barred pursuant to Eleventh Amendment immunity. The Magistrate Judge further suggests that the plaintiff has failed to present sufficient evidence that defendants were deliberately indifferent to his serious injury.

After a careful review of the record, the applicable law, and the Report and Recommendation, the court finds the Magistrate Judge's recommendation proper and adopts and incorporates it herein by reference. Accordingly, the defendants' motion for summary judgment (ECF No. 49) is granted.

IT IS SO ORDERED.


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