Opinion
Civil Action No. 7:13-cv-0378-JMC-JDA
07-10-2013
Jean T. Morrow, Plaintiff, v. Brookview Healthcare Center, Defendant.
OPINION AND ORDER
This matter is before the court upon review of the Magistrate Judge's Report and Recommendation ("Report"), [Dkt. No. 14], filed on June 19, 2013. The Magistrate Judge recommends that Defendant's Partial Motion to Dismiss [Dkt. No. 5] be denied as to Count Two (termination in violation of public policy) and granted as to Count Three (negligent hiring and supervision). The Report sets forth in detail the relevant facts and legal standards on this matter, which the court incorporates herein by reference.
The Magistrate Judge's Report is 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 to which specific objections are made, and the court may accept, reject, or modify, in whole or in part, the Magistrate Judge's recommendation or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1).
No objections have been filed to the Report and the time for doing so has expired. In the absence of objections to the Magistrate Judge's Report, this court is not required to provide an explanation for adopting the recommendation. 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). Furthermore, failure to file specific written objections to the Report results in a party's waiver of the right to appeal from the judgment of the District Court based upon such recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).
After a thorough review of the Report and the record in this case, the court ACCEPTS the Magistrate Judge's Report. [Dkt. No. 14]. Defendant's Motion to Dismiss is DENIED as to Count Two and GRANTED as to Count Three.
IT IS SO ORDERED.
United States District Judge Greenville, South Carolina
July 10, 2013