Opinion
Civil Action No.: 0:20-cv-01158-RBH
02-12-2021
James R. Rose, Plaintiff, v. Bryan Sterling, Defendant.
ORDER
This matter is before the Court for review of the Report and Recommendation ("R & R") of United States Magistrate Judge Paige J. Gossett, who recommends granting Defendant's motion for judgment on the pleadings and denying Plaintiff's motion for summary judgment. See ECF No. 52.
The Magistrate Judge issued the R & R in accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (D.S.C.).
The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with this Court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The Court is charged with making a de novo determination of those portions of the R & R 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. See 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, 199-200 (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)).
Defendant's objections were due by January 6, 2021, and the Court extended the due date for Plaintiff's objections to January 28, 2021. See ECF Nos. 52, 53, & 57.
Having found no clear error, the Court ADOPTS the Magistrate Judge's R & R [ECF No. 52], DENIES Plaintiff's motion for summary judgment [ECF No. 28], GRANTS Defendant's motion for judgment on the pleadings [ECF No. 29], and DISMISSES Plaintiff's Amended Complaint with prejudice.
IT IS SO ORDERED. Florence, South Carolina
February 12, 2021
s/ R. Bryan Harwell
R. Bryan Harwell
Chief United States District Judge