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Brown v. Bryan

United States District Court, D. South Carolina

December 9, 2014

Curtis Jerome Brown, #238979, Plaintiff,
v.
Dir. Bryan, SCDC; Warden Reynolds; Warden Stonebreaker; Capt. Tommy Smith; Capt. J. Jefferson; Major K. Ford; and DHO Bittenger, Defendants.

ORDER

DAVID C. NORTON, District Judge.

The above referenced case is before this court upon the magistrate judge's recommendation that the motion to dismiss filed by defendants Director Bryan and Warden Reynolds be granted.

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 December 1, 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 the motion to dismiss filed by defendants Bryan and Reynolds is GRANTED.

AND IT IS SO ORDERED.


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