Kindle v. SC Department of Corrections et al
Filing
43
ORDER ADOPTING 39 Report and Recommendations, granting 29 Defendants' Motion for Summary Judgment and ending this matter. Signed by Honorable G Ross Anderson, Jr on 3/31/09. (rpol, )
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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION
Jonathan Michael Kindle,
) ) Plaintiff, ) ) v. ) ) SC Department of Corrections; ) Lt Darryl King; ) John Carrol; ) Duard Nunnally; ) Jordan Williams; ) Gary Manigault; ) Alphonzo Lott; ) Loreado Delacruz; and ) Pathea Haney, ) Defendants. ) ____________________________________)
C/A No.: 2:08-cv-02977-GRA-RSC
ORDER (Written Opinion)
This matter comes before the Court to review the magistrate's Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02(B)(2)(d), D.S.C., filed on March 5, 2009. Plaintiff originally filed a complaint pursuant to 42 U.S.C. § 1983. The magistrate now recommends this case be dismissed. This Court agrees. Plaintiff brings this claim pro se. This Court is required to construe pro se pleadings liberally. Such pleadings are held to a less stringent standard than those drafted by attorneys. See Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir. 1978). This Court is charged with liberally construing a pleading filed by a pro se litigant to allow for the development of a potentially meritorious claim. See Boag v. MacDougall,
454 U.S. 364, 365 (1982). The magistrate makes only a recommendation to this Court. The
recommendation has no presumptive weight, and responsibility for making a final determination remains with this Court. Mathews v. Weber, 423 U.S. 261, 270-71 (1976). This Court is charged with making a de novo determination of those portions of the Report and Recommendation to which specific objection is made, and this Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. § 636(b)(1). This Court may also "receive further evidence or recommit the matter to the magistrate with instructions." Id. In the absence of specific objections to the Report and Recommendation, this Court is not required to give any explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198 (4th. Cir. 1983). The plaintiff has not offered any objections. After a review of the magistrate's Report and Recommendation, applicable case law, and the record, this Court finds that the magistrate applied sound legal principles to the facts of this case. Recommendation in its entirety. Therefore, the defendants' motion is GRANTED and this matter ended. Therefore, this Court adopts the Report and
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IT IS SO ORDERED.
Anderson, South Carolina March 31, 2009
NOTICE OF RIGHT TO APPEAL
Petitioner is hereby notified that he has 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. Failure to meet this deadline, as modified within Rule 4, will waive the right to appeal.
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