Brown, Jr v. Johnson, No. 2:2020cv02426 - Document 35 (D.S.C. 2021)

Court Description: OPINION AND ORDER The Court adopts the 32 Report and Recommendation and incorporates it herein. It is ordered that Defendant's 12 Motion to Dismiss for Failure to State a Claim is dismissed. Signed by Honorable Joseph Dawson, III on 04/27/2021.(hcor, )
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Brown, Jr v. Johnson Doc. 35 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION Henry Brown, Jr., Plaintiff, vs. Joey Johnson, Defendant. C/A No.: 2:20-cv-02426-JD ) ) ) ) ) ) ) ) ) ) OPINION & ORDER This matter is before the Court for review of the Report and Recommendation of United States Magistrate Mary Gordon Baker (“Report and Recommendation”), made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 of the District of South Carolina.1 Henry Brown, Jr. (“Brown” or “Plaintiff”), proceeding pro se, seeks damages based on alleged civil rights violations pursuant to 42 U.S.C. § 1983. Defendant Major Joey Johnson (“Johnson” or “Defendant”) filed a Motion to Dismiss on October 13, 2021. (DE 12.) On October 14, 2020, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), Plaintiff was advised of the summary judgment and motion to dismiss procedures and the possible consequences if he failed to respond adequately to the motion. (DE 13.) Upon receiving four extensions of time in which to respond to Defendant’s Motion to Dismiss, Plaintiff failed to file a response. The recommendation has no presumptive weight, and the responsibility for making a final determination remains with the United States District Court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation to which specific objection is made. The court may accept, reject, or modify, in whole or in part, the recommendation made by the magistrate judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1). 1 1 Dockets.Justia.com The Report and Recommendation recommended that Defendant’s Motion to Dismiss be granted. (DE 32.) The Plaintiff filed no objections to the Report and Recommendation. In the absence of objections to the Report and Recommendation, this Court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). The Court must “only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). After a thorough review of the Report and Recommendation and the record in this case, the Court adopts the Report and Recommendation and incorporates it herein. It is, therefore, ORDERED that Defendant’s Motion to Dismiss is granted. IT IS SO ORDERED. _________________________ Joseph Dawson, III United States District Judge Greenville, South Carolina April 27, 2021 NOTICE OF RIGHT TO APPEAL Plaintiff 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. 2