Miles v. DeLoach et al

Filing 46

ORDER RULING ON REPORT AND RECOMMENDATION: Court accepts 43 Report and Recommendation, and grants 37 Motion for Summary Judgment, filed by Ken Long, Linda Jones, Shirley Singleton, Captain DeLoach. This case is dismissed. Signed by Honorable Terry L Wooten on 3/9/09. (swel, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION ) ) Plaintiff, ) ) vs. ) ) Captain Deloach, et. al, ) ) Defendants. ) ____________________________________) Jermaine Demetrius Miles, C.A. No. 4:07-2188-TLW-TER 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, and his claims center around his alleged denial of certain rights related to a disciplinary charge. This matter is now before the undersigned for review of the Report and Recommendation ("the Report") filed February 2, 2009, by United States Magistrate Judge Tom Rogers, 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 his Report, Magistrate Judge Rogers recommends that the Defendants' motion for summary judgment be granted and this case be dismissed. No objections have been filed 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 1 give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th 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. # 43), Defendants' motion for summary judgment is GRANTED (Doc. # 37), and this case is DISMISSED. IT IS SO ORDERED. S/ Terry L. Wooten TERRY L. WOOTEN UNITED STATES DISTRICT JUDGE March 9, 2009 Florence, South Carolina 2

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