Opinion
C/A No.: 2:06-0052-MBS.
August 11, 2006
ORDER
Plaintiff Gabriel Randolph is an inmate in custody of the South Carolina Department of Corrections (SCDC). At the time of the underlying complaint, Plaintiff was housed at the Evans Correctional Institution (ECI) in Bennettsville, South Carolina. Defendants are employees of SCDC stationed at ECI. Plaintiff, appearing pro se, brings this complaint pursuant to 42 U.S.C. § 1983, alleging that he was subjected to cruel and unusual punishment in violation of his rights under the Eighth Amendment.
This matter is before the court on Defendants' motion for summary judgment, which motion was filed June 1, 2006. By order filed June 5, 2006, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), Plaintiff was advised of the summary judgment procedure and the possible consequences if he failed to respond adequately. Plaintiff filed a response to Defendants' motion on June 26, 2006.
In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02, D.S.C., this matter was referred to United States Magistrate Judge Robert S. Carr for pretrial handling. The Magistrate Judge issued a Report and Recommendation on July 20, 2006 in which he recommended that Defendants' motion for summary judgment be denied and the case scheduled for trial. No party filed objections to the Report and Recommendation.
The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility for making a final determination remains with this court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The court is charged with making a de novo determination of any portions of the Report and Recommendation to which a specific objection is made. The court may accept, reject, or modify, in whole or in part, the recommendation made by the Magistrate Judge or may recommit the matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1). In the absence of objections to the Report, this court is not required to give any explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
The court has thoroughly reviewed the record. The court concurs in the Report and Recommendation of the Magistrate Judge and incorporates it herein by reference. Defendants' motion for summary judgment is denied. The court will appoint counsel for Plaintiff and notice the parties for a pretrial telephone status conference.