Mabry v. McLeod Physician Assocs. II

Full title: Victoria Mabry, Plaintiff, v. McLeod Physician Associates II, Defendant.

Court: UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION

Date published: Apr 29, 2021

Case No. 4:20-cv-3147-SAL (D.S.C. Apr. 29, 2021)

Opinion

Case No. 4:20-cv-3147-SAL

04-29-2021

Victoria Mabry, Plaintiff, v. McLeod Physician Associates II, Defendant.

Sherri A. Lydon United States District Judge

ORDER

This matter is before the Court for review of the February 19, 2021 Report and Recommendation ("Report") of United States Magistrate Kaymani D. West, made in accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.). [ECF No. 36]. In the Report, the Magistrate Judge recommends that Defendant's partial motion to dismiss, ECF No. 7, be granted and Plaintiff's cause of action for intentional infliction of emotional distress (third cause of action) be dismissed. [ECF No. 36]. No party filed objections to this Report, and the time to do so has passed. See id.

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 this Court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The Court is charged with making a de novo determination of only those portions of the Report that have been specifically objected to, and the Court may accept, reject, or modify the Report, in whole or in part. 28 U.S.C. § 636(b)(1). In the absence of objections, the Court is not required to provide an explanation for adopting the Report and 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 (4^th Cir. 2005) (citing Fed. R. Civ. P. 72 advisory committee's note).

After a thorough review of the Report, the applicable law, and the record of this case in accordance with the above standard, the Court finds no clear error, adopts the Report, and incorporates the Report by reference herein. Accordingly, Defendant's partial motion to dismiss, ECF No. 7, is GRANTED and Plaintiff's cause of action for intentional infliction of emotional distress (third cause of action) is DISMISSED. Motions are referred to Magistrate Judge Kaymani D. West for further proceedings.

IT IS SO ORDERED.

/s/Sherri A. Lydon

Sherri A. Lydon

United States District Judge

April 29, 2021

Florence, South Carolina