United States District Court, D. South Carolina, Columbia Division
F. ANDERSON, JR.UNITED STATES DISTRICT JUDGE
Plaintiff, Barbara Lyles (“Lyles”) filed this
civil action, alleging varioius constitutional and state law
torts arising out of her arrest and prosecution for forgery.
(ECF No. 1). In accordance with 28 U.S.C. § 636(b) and
Local Civil Rule 73.02(B)(2) (D.S.C.), the case was referred
to a Magistrate Judge for review.
filed this Complaint on December 13, 2016. (ECF No. 1).
Defendants filed an answer on March 13, 2017. (ECF No. 8).
Defendants filed several motions for summary judgment on
January 8, 2018. (ECF Nos. 26, 27, 28). On February 4, 2018,
Plaintiff responded in opposition to the Motions. (ECF Nos.
35, 36, 37). On April 27, 2018, the Magistrate Judge issued a
Report and Recommendation (“Report”),
recommending Defendants' Motions be granted. (ECF No.
41). Plaintiff filed an objection to the Report on May 10,
2018. (ECF No. 42). The Defendants' replied to
Plaintiff's Objection on May 24, 2018. (ECF No. 44).
this matter is ripe for review.
Magistrate Judge assigned to this action prepared a
thorough Report and Recommendation and opines that
Defendants' Motions for Summary Judgment (ECF Nos. 26,
27, 28) should be granted. (ECF No. 41). The Report sets
forth, in detail, the relevant facts and standards of law on
this matter, and this Court incorporates those facts and
standards without a recitation.
district court is only required to conduct a de novo review
of the specific portions of the Magistrate Judge's Report
to which an objection is made. See 28 U.S.C. §
636(b); Fed.R.Civ.P. 72(b); Carniewski v. W.Va. Bd. of
Prob. & Parole, 974 F.2d 1330 (4th Cir. 1992). In
the absence of specific objections to portions of the
Magistrate's Report, this Court is not required to give
an explanation for adopting the recommendation. See Camby
v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Thus, the
Court must only review those portions of the Report to which
Plaintiff has made a specific written objection. Diamond
v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 316
(4th Cir. 2005).
objection is specific if it ‘enables the district judge
to focus attention on those issues-factual and legal-that are
at the heart of the parties' dispute.'”
Dunlap v. TM Trucking of the Carolinas, LLC, No.
0:15-cv-04009-JMC, 2017 WL 6345402, at *5 n.6 (D.S.C. Dec.
12, 2017) (citing One Parcel of Real Prop. Known as 2121
E. 30th St., 73 F.3d 1057, 1059 (10th Cir. 1996)). A
specific objection to the Magistrate's Report thus
requires more than a reassertion of arguments from the
Complaint or a mere citation to legal authorities. See
Workman v. Perry, No. 6:17-cv-00765-RBH, 2017 WL
4791150, at *1 (D.S.C. Oct. 23, 2017). A specific objection
must “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).
stated, nonspecific objections have the same effect as would
a failure to object.” Staley v. Norton, No.
9:07-0288-PMD, 2007 WL 821181, at *1 (D.S.C. Mar. 2, 2007)
(citing Howard v. Sec'y of Health and Human
Servs., 932 F.2d 505, 509 (6th Cir. 1991)). The Court
reviews portions “not objected to-including those
portions to which only ‘general and conclusory'
objections have been made-for clear error.”
Id. (emphasis added) (citing Diamond, 416
F.3d at 315; Camby, 718 F.2d at 200;
Orpiano, 687 F.2d at 47).
Objection to the Magistrate's Report, Plaintiff has made
no specific objection to the Magistrate's Report.
See (ECF No. 42). To the contrary, Plaintiff merely
cites to legal authorities, makes conclusory allegations, and
reasserts arguments from its responses to the Defendants'
Motions for Summary Judgment. (ECF Nos. 35, 36, 37). Without
specific objections to the Report, this Court is not required
to give an explanation for adopting the Magistrate's
recommendation. See Camby, 718 F.2d at 199.
carefully reviewing the applicable laws, the record in this
case, as well as the Report, this Court finds the Magistrate
Judge's recommendation fairly and accurately summarizes
the facts and applies the correct principles of law.
Accordingly, the Court adopts the Magistrate's
recommendation (ECF No. 41). ...