Campbell v. Powers

Full title: MICHAEL LEROY CAMPBELL, Plaintiff, v. LARRY W. POWERS and OFFICER J…

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

Date published: Aug 25, 2009

CIVIL ACTION NO. 4:07-3972-HFF-TER (D.S.C. Aug. 25, 2009)

Opinion

CIVIL ACTION NO. 4:07-3972-HFF-TER.

August 25, 2009

ORDER

HENRY FLOYD, District Judge

This case was filed as a 42 U.S.C. § 1983 action. Plaintiff is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that Defendant's Motion for Summary Judgment (Document # 48) be granted and this case be dismissed. The Report was made in accordance with 28 U.S.C. § 636 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 the Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo determination of those portions of the Report 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. 28 U.S.C. § 636(b)(1).

The Magistrate Judge filed the Report on August 6, 2009, but Plaintiff failed to file any objections to the Report. In the absence of such objections, the Court is not required to give any explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).

After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report to the extent that it does not contradict this Order and incorporates it herein. Therefore, it is the judgment of the Court that Defendant's Motion for Summary Judgment (Document # 48) be GRANTED as to all of Plaintiff's federal claims and his federal claims be DISMISSED with prejudice. To the extent that Plaintiff has brought any state causes of action, however, those claims are DISMISSED without prejudice so that Plaintiff may bring them in state court if he wishes to do so.

IT IS SO ORDERED.

NOTICE OF RIGHT TO APPEAL

The parties are hereby notified of the right to appeal this Order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.