Opinion
Civil Action 7:22-173-MGL-KFM
03-27-2023
ROMAN CLEMENT, Plaintiff v. SPARTANBURG STEEL PRODUCTS, INC., Defendant.
ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DENYING DEFENDANT'S MOTION TO DISMISS
MARY GEIGER LEWIS, UNITED STATES DISTRICT JUDGE.
Plaintiff Roman Clement (Clement) filed this job discrimination employment action against Defendant Spartanburg Steel Products, Inc. (SSP). Clement is self represented.
The matter is before the Court for review of a Report and Recommendation from the United States Magistrate Judge suggesting SSP's motion to dismiss be denied. 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 December 2, 2022, but SSP failed to file any objections to the Report. “[I]n 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.'” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed.R.Civ.P. 72 advisory committee's note). 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 and incorporates it herein. Therefore, it is the judgment of the Court SSP's motion to dismiss is DENIED.
IT IS SO ORDERED.
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within thirty days from the date hereof, pursuant to the Federal Rules of Appellate Procedure.