Opinion
C.A. No. 6:08-0399-HMH-WMC.
November 14, 2008
OPINION ORDER
This matter is before the court with the Report and Recommendation of United States Magistrate William M. Catoe, made in accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 of the District of South Carolina.
The recommendation has no presumptive weight, and the responsibility for making a final determination remains with the United States District Court. See 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 and Recommendation to which specific objection is made. The court may accept, reject, or modify, in whole or in part, the recommendation made by the magistrate judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1) (2006).
Plaintiff Robert Willie Garrett ("Garrett"), a state prisoner proceeding pro se, alleges that his civil rights have been violated by those acting under color of state law, 42 U.S.C. § 1983. On May 5, 2008, the South Carolina Department of Corrections ("SCDC") filed a motion to dismiss alleging it is immune from suit. In his Report and Recommendation, Magistrate Judge Catoe recommends granting SCDC's motion to dismiss.
Garrett filed no objections to the Report and Recommendation. In the absence of objections to the Report and Recommendation of the magistrate judge, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Catoe's Report and Recommendation and incorporates it herein. It is therefore
ORDERED that SCDC's motion to dismiss, docket number 22, is granted.