From Casetext: Smarter Legal Research

Brown v. Lewis

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION
May 2, 2017
Civil Action No. 0:16-2703-TMC-PJG (D.S.C. May. 2, 2017)

Opinion

Civil Action No. 0:16-2703-TMC-PJG

05-02-2017

Tequan L. Brown, Plaintiff, v. Scott Lewis, J. Scott, Florence Mauney; and F. Ogunsile, Defendants.


ORDER

Plaintiff, proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter was referred to a magistrate judge for pretrial handling. Before the court is the magistrate judge's Report and Recommendation ("Report"), recommending that Plaintiff's motion for a preliminary injunction (ECF No. 12) be denied. (ECF No. 47). Plaintiff was advised of his right to file objections to the Report. (ECF No. 47 at 4). However, Plaintiff filed no objections to the Report, and the time to do so has now run.

The Report has no presumptive weight and the responsibility to make a final determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). In the absence of objections, this court is not required to provide an explanation for adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, "in 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).

After a thorough review of the Report and the record in this case, the court adopts the magistrate judge's Report (ECF No. 47) and incorporates it herein. It is therefore ORDERED that Plaintiff's motion for a preliminary injunction (ECF No. 12) is DENIED.

IT IS SO ORDERED.

s/ Timothy M. Cain

United States District Judge May 2, 2017
Anderson, South Carolina

NOTICE OF RIGHT TO APPEAL

The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.


Summaries of

Brown v. Lewis

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION
May 2, 2017
Civil Action No. 0:16-2703-TMC-PJG (D.S.C. May. 2, 2017)
Case details for

Brown v. Lewis

Case Details

Full title:Tequan L. Brown, Plaintiff, v. Scott Lewis, J. Scott, Florence Mauney; and…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION

Date published: May 2, 2017

Citations

Civil Action No. 0:16-2703-TMC-PJG (D.S.C. May. 2, 2017)