United States District Court, D. South Carolina, Florence Division
Marcus D. Kelly, Plaintiff,
BRYAN HARWELL, CHIEF UNITED STATES DISTRICT JUDGE
matter is before the Court for consideration of
Plaintiff's objections to the Report and Recommendation
(“R & R”) of United States Magistrate Judge
Kaymani D. West. ECF Nos. 60, 72.The Magistrate Judge
recommends granting Defendant QVC's
(“QVC”) motion to dismiss and dismissing the
amended complaint with prejudice. R & R at 14.
Magistrate Judge makes only a recommendation to the Court.
The Magistrate Judge's recommendation has no presumptive
weight, and the responsibility to make a final determination
remains with the Court. Mathews v. Weber, 423 U.S.
261, 270-71 (1976). The Court must conduct a de novo review
of those portions of the R & R to which specific
objections are made, and it 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); Fed.R.Civ.P. 72(b).
Court must engage in a de novo review of every portion of the
Magistrate Judge's report to which objections have been
filed. Id. However, the Court need not conduct a de
novo review when a party makes only “general and
conclusory objections that do not direct the [C]ourt to a
specific error in the [M]agistrate [Judge]'s proposed
findings and recommendations.” Orpiano v.
Johnson, 687 F.2d 44, 47 (4th Cir. 1982). In the absence
of specific objections to the R & R, the Court reviews
only for clear error, Diamond v. Colonial Life & Acc.
Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005), and the
Court need not give any explanation for adopting the
Magistrate Judge's recommendation. Camby v.
Davis, 718 F.2d 198, 199-200 (4th Cir. 1983).
proceeding pro se and in forma pauperis,
brings this employment action against his former employer,
QVC, alleging discrimination on the basis of race, color, and
gender/sex pursuant to Title VII of the Civil Rights Act of
1964 (Title VII”), and discrimination in violation of
the Age Discrimination in Employment Act of 1967
(“ADEA”). ECF No. 52. Plaintiff alleges QVC
discriminated and retaliated against him on the basis of his
race, national origin, religion, disability, sex/gender, and
color, and wrongfully terminated him after a coworker
obtained a restraining order against him.
Id. QVC has filed a motion to dismiss
Plaintiff's amended complaint in which it seeks dismissal
with prejudice of Plaintiff's amended complaint. ECF No.
53. QVC advances Plaintiff's amended complaint should be
dismissed because: (1) the amended complaint is untimely; (2)
the Court has previously dismissed some of Plaintiff's
claims; and (3) Plaintiff fails to state a claim upon which
relief can be granted as to the remaining causes of action.
Id. Plaintiff responded to QVC's motion to
dismiss, ECF No. 57, and QVC replied, ECF No. 58.
Magistrate Judge recommends the Court grant QVC's motion
to dismiss, and dismiss Plaintiff 's amended complaint
with prejudice . R & R . The Magistrate Judge notes
Plaintiff's amended complaint was untimely filed, but
suggests the Court excuse the untimeliness. Id. at
9. The R&R further recommends Plaintiff's remaining
claims are due to be dismissed for failure to state a claim
because he has neglected to provide sufficient facts to state
discrimination claims at this stage of the proceedings.
Id. at 10-14.
has filed objections. ECF No. 72. However, in his objections,
Plaintiff fails to allege a specific error in the R&R.
Further, having reviewed the R & R, the record, and the
law, the Court can discern no clear error. For those reasons,
the Court will overrule Plaintiff's objections and adopt
the R & R.
foregoing reasons, the Court OVERRULES
Plaintiff's objections and ADOPTS the
Magistrate Judge's R & R, ECF No. 60, to the extent
it is consistent with this Order. Accordingly, the Court
grants Defendant QVC's motion to dismiss, ECF No. 53, and
dismisses with prejudice Plaintiff's amended complaint,
ECF No. 52. IT IS SO ORDERED.
 The Magistrate Judge issued the R
& R in accordance with 28 U.S.C. § 636(b)(1) and
Local Civil Rule ...