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Jones v. McCall

United States District Court, D. South Carolina

February 23, 2015

Donnie Jones, #318400, Plaintiff,
v.
David McCall; Gwendolyn Stokes; Willie Davis; Franklin Richardson, Jr.; Stephanie Brown; Sandra Jones; Warden Robert M. Stephenson, III; and All Employees of South Carolina Department of Corrections, Defendants.

ORDER

DAVID C. NORTON, District Judge.

The above referenced case is before this court upon the magistrate judge's recommendation that defendants' motion for summary judgment be granted, and the case be dismissed.

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 February 17, 2015. A reply by the defendants was filed on February 19, 2015.

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, defendants' motion for summary judgment is GRANTED, and the case is hereby DISMISSED WITH PREJUDICE.

AND IT IS SO ORDERED.


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