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observing that in determining whether two parties are "similarly situated," the court must look at all relevant factors
Summary of this case from Barber v. Columbia CollegeOpinion
C/A NO. 3:06-1479-CMC-JRM.
April 24, 2007
OPINION and ORDER
This matter is before the court on Plaintiff's complaint alleging that he was terminated from his employment because of race, in violation of 42 U.S.C. § 2000e-2(a), and age, in violation of the Age Discrimination in Employment Act ( 28 U.S.C. § 623(a)).
Plaintiff originally filed his complaint pro se. However, counsel appeared in this matter on Plaintiff's behalf on January 8, 2007.
In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(g), DSC, this matter was referred to United States Magistrate Judge Joseph R. McCrorey for pre-trial proceedings and a Report and Recommendation. On March 27, 2007, the Magistrate Judge issued a Report recommending that the Defendant's motion for summary judgment be granted. Plaintiff has filed no objections and the time for doing so has expired.
The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with the court. See Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of any portion of the Report and Recommendation of the Magistrate Judge 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 recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b). The court reviews the Report and Recommendation only for clear error in the absence of an objection. See Diamond v. Colonial Life Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that "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.") (citation omitted).
After reviewing the record of this matter, the applicable law, and the Report and Recommendation of the Magistrate Judge, the court agrees with the conclusions of the Magistrate Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by reference in this Order.
Defendant's motion for summary judgment is granted and this matter is dismissed with prejudice.