Opinion
CIVIL ACTION NO. 8:10-398-HFF-BHH.
November 2, 2010
ORDER
This case was filed as a 42 U.S.C. § 1983 action. Plaintiff is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that Defendants' Motion for Summary Judgment (Dkt. # 68) be granted. 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 October 18, 2010, and the Clerk of Court entered Plaintiff's objections to the Report on November 1, 2010. The Court has reviewed those objections, but finds them to be without merit. Therefore, it will enter judgment accordingly.
After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court overrules Plaintiff's objections, adopts the Report to the extent that it does not contradict this Order, and incorporates it herein. Therefore, it is the judgment of this Court that Defendants' Motion for Summary Judgment (Dkt. # 68) is GRANTED as to Plaintiff's federal claims and those federal claims are DISMISSED with prejudice. To the extent that Plaintiff has brought any state claims in this action, however, those claims are DISMISSED without prejudice so that he can bring them in state court if he wishes to do so.
IT IS SO ORDERED.
Signed this 2nd day of November, 2010, in Spartanburg, South Carolina.
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 Rules 3 and 4 of the Federal Rules of Appellate Procedure.