Opinion
C.A. No. 0:01-1931-25BD
March 26, 2002
ORDER
This matter is before the Court for review of the Report and Recommendation ("the Report") filed by United States Magistrate Judge Bristow Marchant, to whom this case had previously been assigned pursuant to 28 U.S.C. § 636 (b) and Local Rule 73.02(B)(2) (D.S.C.). In the Report, Magistrate Judge Marchant recommends that the Court grant the defendants' motion for summary judgment. Plaintiff has filed objections to the Report.
In conducting this review, the Court applies the following standard:
The magistrate judge makes only a recommendation to the Court, to which any party may file written objections. . . . The Court is not bound by the recommendation of the magistrate judge but, instead, retains responsibility for the final determination. The Court is required to make a de novo determination of those portions of the report or specified findings or recommendation as to which an objection is made. However, the Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the Report and Recommendation to which no objections are addressed. While the level of scrutiny entailed by the Court's review of the Report thus depends on whether or not objections have been filed, in either case, the Court is free, after review, to accept, reject, or modify any of the magistrate judge's findings or recommendations.Wallace v. Housing Auth. of the City of Columbia, 791 F. Supp. 137, 138 (D.S.C. 1992) (citations omitted). In light of this standard, the Court has reviewed, de novo, the Report and the objections thereto. The Court accepts the Report.
IT IS THEREFORE ORDERED on this the 26 day of March, 2002, at Florence, South Carolina, that the Report be ACCEPTED, plaintiffs objections be OVERRULED, and the defendants' motion for summary judgment be GRANTED.
SUMMARY JUDGMENT IN A CIVIL CASE
Decision by the Court. This action came to hearing before the court, United States District Judge Terry L. Wooten. The court having adopted the Report and Recommendation of the Magistrate Judge Bristow Marchant granting the defendants' motion for summary judgment,
IT IS ORDERED AND ADJUDGED that summary judgment is hereby entered as to the defendants DANNY R. BLACKWELL, DORIS ANN COOKE AND MICHELE M. USSERY. The Plaintiff, Kevin L. Choice, shall take nothing and the complaint filed under 42 U.S.C. § 1983 is dismissed with prejudice.