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Shannon v. South Carolina Department of Corrections

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

January 30, 2015

DANIEL A. SHANNON, Plaintiff,
v.
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; SCDC DIRECTOR WILLIAM BYARS; JOHN OZMINT, Former Director of SCDC; ROBERT WARD, Division Director of Operations; DAVID McCALL, Former Warden Perry Correctional Institution Warden Lee Correctional Institution; DANIEL MURPHY, Former Inspector General for SCDC; ELBERT PEARSON, SCDC Security Threat Group: JANNITA GASTON, Chair of the Maximum Security Unit Committee; DENNIS PATTERSON, Member of Committee on July 14, 2009; DEDRIC WILLIAMS, Member of Committee on July 14, 2009: COLIE RUSHTON, Member of Committee on July 14, 2009; AARON JOYNER, Member of Committee on July 14, 2009: BERNARD McKIE, Warden of Kirkland Correctional Institution; YVONNE LOFTON, Former Classification Caseworker for Maximum Security Unit: CAPTAIN VAUGHN JACKSON, Major for Maximum Security Unit: JOHN DOES; and JANE DOES, Defendants.

ORDER ADOPTING THE REPORT AND RECOMMENDATION, GRANTING DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO PROSECUTE, AND DENYING AS MOOT BOTH DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

MARY G. LEWIS, District Judge.

This case was filed as a 42 U.S.C. § 1983 action. Plaintiff is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that Defendants' motion to dismiss for failure to prosecute be granted and both Defendants' motion for summary judgment and Plaintiff's motion for partial summary judgment be denied as moot. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina.

The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with the Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo determination of those portions of the Report to which specific objection is made, and the Court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1).

The Magistrate Judge filed the Report on January 8, 2015, but Plaintiff failed to file any objections. "[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.'" Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed.R.Civ.P. 72 advisory committee's note). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).

After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of this Court that Defendants' motion to dismiss for failure to prosecute is GRANTED and both Defendants' motion for summary judgment and Plaintiff's motion for partial summary judgment is DENIED AS MOOT.

IT IS SO ORDERED.


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