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James v. Faile

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
Mar 6, 2015
C/A No.: 1:13-cv-0211 DCN (D.S.C. Mar. 6, 2015)

Summary

noting there is "no constitutional right to a law library or law books; the constitutional right is for meaningful access to the courts to bring challenges to sentences or conditions of confinement"

Summary of this case from Taylor v. McGhaney

Opinion

C/A No.: 1:13-cv-0211 DCN

03-06-2015

Jesse M. James, Plaintiff, v. Sheriff Barry Faile, and Mrs. Deborah Home, Defendants.


ORDER

The above referenced case is before this court upon the magistrate judge's recommendation that defendants' motion for summary judgment be granted.

This court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1). However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend for the district court to review the factual and legal conclusions of the magistrate judge. Thomas v Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984), cert. denied, 467 U.S. 1208 (1984 ). Objections were due no later than February 27, 2015. No objections have been filed to the magistrate judge's report and recommendation.

In Wright v. Collins, 766 F.2d 841 (4th Cir. 1985), the court held "that a pro se litigant must receive fair notification of the consequences of failure to object to a magistrate judge's report before such a procedural default will result in waiver of the right to appeal. The notice must be 'sufficiently understandable to one in appellant's circumstances fairly to appraise him of what is required.'" Id. at 846. Plaintiff was advised in a clear manner that his objections had to be filed within ten (10) days, and he received notice of the consequences at the appellate level of his failure to object to the magistrate judge's report.

A de novo review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. Accordingly, the magistrate judge's report and recommendation is AFFIRMED, and defendants' motion for summary judgment is GRANTED.

AND IT IS SO ORDERED.

/s/_________

David C. Norton

United States District Judge
March 6, 2015
Charleston, South Carolina

NOTICE OF RIGHT TO APPEAL

The parties are hereby notified that any right to appeal this Order is governed by Rules 3 and 4 of the Federal Rules of Appellate Procedure.


Summaries of

James v. Faile

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
Mar 6, 2015
C/A No.: 1:13-cv-0211 DCN (D.S.C. Mar. 6, 2015)

noting there is "no constitutional right to a law library or law books; the constitutional right is for meaningful access to the courts to bring challenges to sentences or conditions of confinement"

Summary of this case from Taylor v. McGhaney
Case details for

James v. Faile

Case Details

Full title:Jesse M. James, Plaintiff, v. Sheriff Barry Faile, and Mrs. Deborah Home…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA

Date published: Mar 6, 2015

Citations

C/A No.: 1:13-cv-0211 DCN (D.S.C. Mar. 6, 2015)

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