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Nelson v. Caswell

United States District Court, D. South Carolina, Anderson Division
May 23, 2006
C.A. No. 8:05-874-HMH-BHH (D.S.C. May. 23, 2006)

Opinion

C.A. No. 8:05-874-HMH-BHH.

May 23, 2006


OPINION AND ORDER


This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Bruce H. Hendricks, made in accordance with 28 U.S.C. § 636(b)(1) and Local 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 and Recommendation 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. See 28 U.S.C. § 636(b)(1).

The Plaintiff filed no objections to the Report and Recommendation. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this court is not required to give any explanation for adopting the recommendation.See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Hendricks' Report and Recommendation and incorporates it herein. It is therefore

ORDERED that Defendant Mr. Caswell's motion for summary judgment is granted, and the Plaintiff's federal claims against him are dismissed with prejudice. It is further

ORDERED that to the extent the Plaintiff alleges any state law claims against Defendant Mr. Caswell, those claims are dismissed without prejudice.

IT IS SO ORDERED.


Summaries of

Nelson v. Caswell

United States District Court, D. South Carolina, Anderson Division
May 23, 2006
C.A. No. 8:05-874-HMH-BHH (D.S.C. May. 23, 2006)
Case details for

Nelson v. Caswell

Case Details

Full title:Dwight Nelson, #115049, Plaintiff, v. Mr. Caswell and Miss Kitt, Defendants

Court:United States District Court, D. South Carolina, Anderson Division

Date published: May 23, 2006

Citations

C.A. No. 8:05-874-HMH-BHH (D.S.C. May. 23, 2006)

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