Opinion
CIVIL ACTION 7:19-1184-MGL
06-05-2019
OMEGA HOMES USA, Plaintiff, v. Whitney Scott, Defendant.
ORDER ADOPTING THE REPORT AND RECOMMENDATION AND REMANDING THIS CASE TO THE SPARTANBURG COUNTY MAGISTRATE'S COURT
Defendant Whitney Scott filed a notice of removal to remove Civil Case Number 2019CV 4210400089 from the Spartanburg County Magistrate's Court to this Court. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting this matter be remanded to the Spartanburg County Magistrate's Court for lack of subject matter jurisdiction. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina.
The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with the Court. 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 to which specific objection is made, and the Court 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).
The Magistrate Judge filed the Report on May 21, 2019, but neither party filed any objections. "[I]n the absence of a timely filed objection, a district court need not conduct a 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.'" Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee's note). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court this matter is REMANDED to the Spartanburg County Magistrate's Court for lack of subject matter jurisdiction.
IT IS SO ORDERED.
Signed this 5th day of June, 2019, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
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NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within thirty days from the date hereof, pursuant to the applicable Federal Rules of Appellate Procedure.