Summers v. Booth et al
Filing
85
ORDER RULING ON REPORT AND RECOMMENDATIONS 75 , 33 that the Magistrate Judges Report is ACCEPTED(Doc. # 75), and Defendants motion to dismiss is DENIED (Doc. # 33).. Signed by Honorable Terry L Wooten on 3/10/09. (ahen, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION
Sintari A. Summers,
) ) Plaintiff, ) ) vs. ) ) Sheriff Jason Booth, et. al, ) ) Defendants. ) ____________________________________)
C.A. No. 0:08-027-TLW
O RD ER
The Plaintiff brought this pro se civil action against the Defendants under 42 U.S.C. § 1983. The Plaintiff is an inmate in the South Carolina Department of Corrections. On May 7, 2008, Defendant Brenda Williams moved to dismiss Plaintiff's claims against her. This matter is now before the undersigned for review of the Report and Recommendation ("the Report") filed February 9, 2009, by United States Magistrate Judge Paige Gossett, to whom this case had previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). In her Report, Magistrate Judge Gossett recommends that Williams' motion to dismiss be denied. Defendant Williams has not objected to the Report. 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. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this Court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th
1
Cir. 1983). In light of this standard, the Court has carefully reviewed the Report and has concluded that the Report accurately summarizes this case and the applicable law. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge's Report is ACCEPTED (Doc. # 75), and Defendant's motion to dismiss is DENIED (Doc. # 33). IT IS SO ORDERED. S/ Terry L. Wooten TERRY L. WOOTEN UNITED STATES DISTRICT JUDGE
March 10, 2009 Florence, South Carolina
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