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Holmes v. Allen

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

December 5, 2014

George Holmes, Plaintiff,
v.
Maj. C.E. Allen, L.T. Grant, and L.T. Jeff Vortisch, Defendants.

ORDER

TIMOTHY M. CAIN, District Judge.

Plaintiff, proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter was referred to a magistrate judge for pretrial handling. Before the court is the magistrate judge's Report and Recommendation ("Report"), recommending that Defendants' Motion to Dismiss (ECF No. 20) be granted. (ECF No. 25). Plaintiff timely filed objections to the Report. (ECF No. 27).

The Report has no presumptive weight and the responsibility to make a final determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court need not conduct a de novo review when a party makes only "general and conclusory objections that do not direct the court to a specific error in the magistrate's proposed findings and recommendations." Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). In that case, the court reviews the Report only for clear error. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).

As set forth above, Plaintiff filed timely objections to the Report. (ECF No. 27). However, his objections are non-specific, unrelated to the dispositive portions of the Report, or merely restate Plaintiff's claims. The court has thoroughly reviewed the Report and Plaintiff's objections and finds no reason to deviate from the Report's recommended disposition.

Accordingly, the court adopts the Magistrate Judge's Report (ECF No. 25) and incorporates it herein. It is therefore ORDERED that Defendants' Motion to Dismiss (ECF No. 20) is GRANTED.

IT IS SO ORDERED.


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