Gause v. Thompson et al, No. 0:2010cv02066 - Document 38 (D.S.C. 2011)

Court Description: OPINION AND ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 33 Report and Recommendations, granting 22 Motion for Summary Judgment, filed by Phillip Thompson, Tom Fox, denying 25 Motion for Summary Judgment filed by Roger Gause. The federal claims in this matter are dismissed with prejudice. To the extent Plaintiff's claims can be construed as asserting state law claims, the court declines to exercise supplemental jurisdiction over these matters and they are dismissed without prejudice. Signed by Honorable Cameron McGowan Currie on 8/9/2011. (jpet, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Roger Gause, ) ) Plaintiff, ) ) v. ) ) Phillip Thompson, Tom Fox, ) ) Defendants. ) ___________________________________ ) C/A NO. 0:10-2066-CMC-PJG 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 Paige J. Gossett for pre-trial proceedings and a Report and Recommendation ( Report ). On July 19, 2011, the Magistrate Judge issued a Report recommending that Plaintiff s motion for summary judgment be denied, Defendants motion for summary judgment be granted and this matter dismissed with prejudice. The Magistrate Judge advised Plaintiff of the procedures and requirements for filing objections to the Report and the serious consequences if he failed to do so. Plaintiff has filed no objections 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 considering the record, the applicable law, and the Report and Recommendation of the Magistrate Judge, the court agrees with the Report and its conclusions. Therefore, the court adopts and incorporates the Report by reference in this order. Plaintiff s motion for summary judgment is denied. Defendants motion for summary judgment is granted and the federal claims asserted in this matter are dismissed with prejudice. To the extent Plaintiff s complaint can be construed as asserting state law claims, the court declines to exercise supplemental jurisdiction over these matters and they are dismissed without prejudice. See 28 U.S.C. § 1367(c). IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina August 9, 2011 2

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