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holding that requiring Muslim plaintiff to use either his towel, one of his sheets, or his blanket as a prayer rug did not violate his First Amendment rights
Summary of this case from Johnson v. McCoyOpinion
C/A No. 8:07-3661-CMC-BHH.
February 10, 2009
OPINION and ORDER
This matter is before the court on Plaintiff's pro se complaint, filed in this court pursuant to 42 U.S.C. § 1983.
In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(d), DSC, this matter was referred to United States Magistrate Judge Bruce Howe Hendricks for pre-trial proceedings and a Report and Recommendation ("Report"). On January 14, 2009, the Magistrate Judge issued a Report recommending that Plaintiff's motion for summary judgment be denied and that Defendants' motion for summary judgment be granted and this matter dismissed. The Magistrate Judge advised Plaintiff of the procedures and requirements for filing objections to the Report and the serious consequences if he failed to do so. Plaintiff filed objections to the Report on February 3, 2009.
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 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 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, the Report and Recommendation of the Magistrate Judge, and Plaintiff's objections, 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. Plaintiff's objections to the Report fail to provide sufficient argument, legal or factual, to overcome the findings and recommendation of the Report.
Accordingly, Plaintiff's motion for summary judgment is denied. Plaintiff's claims for injunctive relief and declaratory relief relating to certain conditions of confinement at the Alvin S. Glenn Detention Center are dismissed as moot. Defendants' motion for summary judgment is granted and this matter is dismissed with prejudice.