Summary
granting summary judgment in case where inmate sought monetary damages for alleged violation of due process even though his disciplinary charge had been overturned as a result of his Step 2 grievance
Summary of this case from Cooper v. MursierOpinion
C/A No. 8:14-cv-0748 DCN
08-10-2015
Darian Antonio Coleman, Plaintiff, v. Asst. Warden Randall Williams, Warden John Pate, Defendants.
ORDER
The above referenced case is before this court upon the magistrate judge's recommendation that defendants' motion for summary judgment be granted, plaintiff's motion to amend/correct his complaint be granted, plaintiff's motion to dismiss Randall Williams in his official capacity be granted, plaintiff's motion to take judicial notice be found moot, and plaintiff's motion for summary judgment be found moot.
This court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1). However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend for the district court to review the factual and legal conclusions of the magistrate judge. Thomas v Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984), cert. denied, 467 U.S. 1208 (1984 ). Objections to the magistrate judge's report and recommendation were timely filed by plaintiff on August 3, 2015.
In Wright v. Collins, 766 F.2d 841 (4th Cir. 1985), the court held "that a pro se litigant must receive fair notification of the consequences of failure to object to a magistrate judge's report before such a procedural default will result in waiver of the right to appeal. The notice must be 'sufficiently understandable to one in appellant's circumstances fairly to appraise him of what is required.'" Id. at 846. Plaintiff was advised in a clear manner that his objections had to be filed within ten (10) days, and he received notice of the consequences at the appellate level of his failure to object to the magistrate judge's report. --------
A de novo review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. Accordingly, the magistrate judge's Report and Recommendation is AFFIRMED, defendants' motion for summary judge is GRANTED, plaintiff's motion to amend/correct his complaint is GRANTED, plaintiff's motion to dismiss Randall Williams in his official capacity is GRANTED, plaintiff's motion to take judicial notice is MOOT and plaintiff's motion for summary judgment is MOOT.
AND IT IS SO ORDERED.
/s/_________
David C. Norton
United States District Judge
August 10, 2015
Charleston, South Carolina
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified that any right to appeal this Order is governed by Rules 3 and 4 of the Federal Rules of Appellate Procedure