Brown v. Sumter County Commissioner et al, No. 4:2021cv04053 - Document 88 (D.S.C. 2023)
Court Description: ORDER RULING ON REPORT AND RECOMMENDATION: The court agrees with and wholly ADOPTS the magistrate judge's findings and recommendations in the Report (ECF No. 86 ), which is incorporated herein by reference. Accordingly, Defendants' motion for summary judgment (ECF No. 73 ) is GRANTED. IT IS SO ORDERED. Signed by Honorable Timothy M Cain on 08/09/2023. (dsto, )
Download PDF
<![CDATA[
Brown v. Sumter County Commissioner et al 4:21-cv-04053-TMC Date Filed 08/09/23 Entry Number 88 Page 1 of 3 Doc. 88 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION ) ) ) Plaintiff, ) ) vs. ) Sheriff Anthony Dennis, Chief ) Gardner, Director Ray, and Major ) ) Lumpkin, ) ) Defendants. _________________________________) Demetrius Alexander Brown, Civil Action No. 4:21-cv-04053-TMC ORDER Plaintiff Demetrius Alexander Brown, proceeding pro se and in forma pauperis, filed this action pursuant to 42 U.S.C. § 1983. (ECF Nos. 1; 2; 8). In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02(B)(2)(d), (e) (D.S.C.), this matter was referred to a magistrate judge for all pretrial proceedings. On December 19, 2022, Defendants filed a joint motion for summary judgment. (ECF No. 73). Plaintiff filed his response on January 12, 2023. (ECF No. 78). Now before the court is the magistrate judge’s Report and Recommendation (“Report”), recommending the court grant Defendants’ motion for summary judgment. (ECF No. 86). The Report notified Plaintiff of his right to file objections thereto, (ECF No. 86-1), and was mailed to Plaintiff on July 18, 2023, at the most recent address he provided to the court, (ECF No. 87). To date, the Report has not been returned as undeliverable and Plaintiff is, therefore, presumed to have received it. Furthermore, Plaintiff has been repeatedly advised of his duty to keep the court informed as to his current mailing address and the consequences should he fail to do so, see (ECF Nos. 7, 26), and he has, in fact, updated his address with the court twice in the course of this action, (ECF Nos. 19, 60). Nevertheless, Plaintiff has failed to file any objections to the Report and the time in which to do so has expired. 1 Dockets.Justia.com 4:21-cv-04053-TMC Date Filed 08/09/23 Entry Number 88 Page 2 of 3 The magistrate judge’s recommendation has no presumptive weight, and the responsibility for making a final determination remains with the United States District Court. Wimmer v. Cook, 774 F.2d 68, 72 (4th Cir. 1985) (quoting Mathews v. Weber, 423 U.S. 261, 270–71 (1976)). Nevertheless, “[t]he district court is only required to review de novo those portions of the report to which specific objections have been made, and need not conduct de novo review ‘when a party makes general and conclusory objections that do not direct the court to a specific error in the magistrate judge’s proposed findings and recommendations.’” Farmer v. McBride, 177 Fed. App’x 327, 330–31 (4th Cir. April 26, 2006) (quoting Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982)); see also Elijah v. Dunbar, 66 F.4th 454, 460 (4th Cir. 2023) (noting “an objecting party ‘must object to the finding or recommendation on that issue with sufficient specificity so as reasonably to alert the district court of the true ground for the objection’” and “‘an objection stating only “I object” preserves no issue for review’” (quoting United States v. Midgette, 478 F.3d 616, 622 (4th Cir. 2007); Lockert v. Faulkner, 843 F.2d 1015, 1019 (7th Cir. 1988))). Thus, “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.’” Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 Advisory Committee’s note). 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). However, in the absence of specific objections to the Report and Recommendation, this Court is not required to give any explanation for adopting the recommendation. Greenspan v. Brothers Prop. Corp., 103 F. Supp. 3d 734, 737 (D.S.C. 2015) (citing Camby v. Davis, 718 F.2d 198, 199–200 (4th Cir. 1983)). Furthermore, failure to file specific written objections to the Report results in a party’s waiver of the right to appeal the district 2 4:21-cv-04053-TMC Date Filed 08/09/23 Entry Number 88 Page 3 of 3 court’s judgment based upon that recommendation. See Elijah, 66 F.4th at 460 (quoting Lockert, 843 F.2d at 1019); Martin v. Duffy, 858 F.3d 239, 245 (4th Cir. 2017). Thus, having reviewed the Report and the record and, finding no clear error, the court agrees with and wholly ADOPTS the magistrate judge’s findings and recommendations in the Report (ECF No. 86), which is incorporated herein by reference. Accordingly, Defendants’ motion for summary judgment (ECF No. 73) is GRANTED. IT IS SO ORDERED. s/Timothy M. Cain United States District Judge Anderson, South Carolina August 9, 2023 NOTICE OF RIGHT TO APPEAL The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. 3
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
