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Lisenby v. Riley

United States District Court, D. South Carolina

April 28, 2015

Billy Lee Lisenby, #200273, Plaintiff,
v.
Warden Tim Riley; Assoc. Warden G. Lane; Assoc. Caldwell; Major J. Parish; Captain B. Tucker; Doctor Bearden; Nurse A. Spencer; Dir. William Byers; C/O Bobo; Lt. Copeland; Mrs. Janice Phillips; Warden Celia Reynolds; Assoc. Warden Washington; Assoc. McKay; Major Seward; Captain Dubois; Lt. Huntley; Mrs. Lecompt; Mrs. Powe; and Mrs. Hough, 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 plaintiff's case against defendants 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] No objections have been filed to the magistrate judge's report and recommendation.

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 plaintiff's case against defendants is DISMISSED.

AND IT IS SO ORDERED.


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