Battle v. South Carolina Department of Corrections et al, No. 8:2010cv00925 - Document 21 (D.S.C. 2010)

Court Description: OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS, dismissing this action with prejudice. Defendants' 16 Motion to Remand to State Court is dismissed as moot. Signed by Honorable Cameron McGowan Currie on 8/12/2010. (ncha, ) Modified on 8/12/2010 to edit text (ncha, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENWOOD DIVISION Korell Battle, ) ) Plaintiff, ) ) v. ) ) SCDC, Robert Ward, Willie Eagleton, ) Sharron Paterson, Anthony Ridges, and ) John Doe, ) ) Defendants. ) ___________________________________ ) C/A NO. 8:10-925-CMC-BHH OPINION and ORDER This matter is before the court on Plaintiff s pro se complaint, filed in this court pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(d), DSC, this matter was referred to United States Magistrate Judge Bruce Howe Hendricks for pre-trial proceedings and a Report and Recommendation ( Report ). On July 20, 2010, the Magistrate Judge issued a Report recommending that this matter be dismissed and Defendants motion to remand be dismissed as moot. The Magistrate Judge advised the parties of the procedures and requirements for filing objections to the Report and the serious consequences if they failed to do so. No objections have been filed and the time for doing so has expired. 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 the court. See Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of any portion of the Report of the Magistrate Judge to which a specific objection is 1 made. The court may accept, reject, or modify, in whole or in part, the recommendation made by the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b). The court reviews the Report only for clear error in the absence of an objection. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that in the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation. ) (citation omitted). After reviewing the record of this matter, the applicable law, and the Report and Recommendation of the Magistrate Judge, the court agrees with the conclusions of the Magistrate Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by reference in this Order. This action is dismissed with prejudice. Defendants motion to remand is dismissed as moot. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina August 12, 2010 C:\Documents and Settings\nac60\Desktop\10-925 Order.wpd 2

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