Opinion
Civil Action No.: 4:19-cv-03266-RBH
07-08-2020
ORDER
This matter is before the Court for review of the Report and Recommendation ("R & R") of United States Magistrate Judge Thomas E. Rogers, III, made in accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(g) (D.S.C.). See ECF No. 22. The Magistrate Judge recommends granting Plaintiff's motion to remand and remanding this case to state court.
The Magistrate Judge makes only a recommendation to the Court. The 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).
No parties have filed objections to the R & R, and the time for doing so has expired. In the absence of objections to the R & R, the Court is not required to give any explanation for adopting the Magistrate Judge's recommendations. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). The Court reviews only for clear error in the absence of an objection. See Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that "in the absence of a timely filed objection, a district court need not conduct de novo review, but instead must 'only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation'" (quoting Fed. R. Civ. P. 72 advisory committee's note)).
Objections were due by July 7, 2020. See ECF No. 22.
Having found no clear error, the Court ADOPTS the Magistrate Judge's R & R [ECF No. 22], GRANTS Plaintiff's motion to remand [ECF No. 15], and REMANDS this case to the Court of Common Pleas for Horry County, South Carolina, for further proceedings. The Court DIRECTS the Clerk to mail a certified copy of this Order to the clerk of the Horry County Court of Common Pleas.
IT IS SO ORDERED. Florence, South Carolina
July 8, 2020
s/ R. Bryan Harwell
R. Bryan Harwell
Chief United States District Judge