United States District Court, D. South Carolina, Charleston Division
November 18, 2014
Jessie B. Hayes, Plaintiff,
Patrick R. Donahoe, Postmaster General, U.S. Postal Service, Defendant
Jessie B Hayes, Plaintiff, Pro se, Lithonia, GA.
For Patrick R Donahoe, Postmaster General, U.S. Postal Service, Defendant: Terri Hearn Bailey, LEAD ATTORNEY, U.S. Attorneys Office, Columbia, SC.
David C. Norton, United States District Judge.
The above referenced case is before this court upon the magistrate judge's recommendation that defendant's motion to dismiss be granted and the matter ended.
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, 106 S.Ct. 466, 88 L.Ed.2d 435 (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, 104 S.Ct. 2395, 81 L.Ed.2d 352 (1984). Objections to the magistrate judge's report and recommendation were timely filed on November 12, 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, and defendant's motion to dismiss is GRANTED.
AND IT IS SO ORDERED.