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Taylor v. Myers

United States District Court, D. South Carolina, Anderson/Greenwood Division
Oct 27, 2009
C.A. No. 8:08-2072-HMH-BHH (D.S.C. Oct. 27, 2009)

Opinion

C.A. No. 8:08-2072-HMH-BHH.

October 27, 2009


OPINION AND ORDER


This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Bruce Howe Hendricks, made in accordance with 28 U.S.C. § 636(b)(1) 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 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 Report and Recommendation 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) (2006).

The Plaintiff filed no objections to the Report and Recommendation. In the absence of objections to the magistrate judge's Report and Recommendation, 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). The court 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).

After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Hendricks' Report and Recommendation and incorporates it herein. It is therefore

ORDERED that the Defendants' motion for summary judgment, docket number 24, is granted and the Plaintiff's claims are dismissed without prejudice for failure to exhaust administrative remedies.

IT IS SO ORDERED.

NOTICE OF RIGHT TO APPEAL

The Plaintiff is hereby notified that he has the right to appeal this order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.


Summaries of

Taylor v. Myers

United States District Court, D. South Carolina, Anderson/Greenwood Division
Oct 27, 2009
C.A. No. 8:08-2072-HMH-BHH (D.S.C. Oct. 27, 2009)
Case details for

Taylor v. Myers

Case Details

Full title:Bo Anderson Taylor, #316071, Plaintiff, v. Kelvin Myers "SGT.," Stan Burt…

Court:United States District Court, D. South Carolina, Anderson/Greenwood Division

Date published: Oct 27, 2009

Citations

C.A. No. 8:08-2072-HMH-BHH (D.S.C. Oct. 27, 2009)

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