9:23-cv-05109
D.S.C.
Mar 11, 2025
Case Information

*1 9:23-cv-05109-DCC Date Filed 03/11/25 Entry Number 55 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION

Ricky Dean Tate, ) Case No. 9:23-cv-05109-DCC

)

Plaintiff, )

) v. ) ORDER

)

Noel Anderson, Willie Davis, Ms. Stubbs ,)

Warden Johnny Palmer, Warden A/W )

Roberson, )

)

Defendant. )

________________________________ )

This matter is before the Court on Plaintiff’s complaint alleging violations of his civil rights. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.), this matter was referred to United States Magistrate Judge Molly H. Cherry for pre-trial proceedings and a Report and Recommendation (“Report”). On July 17, 2024, Defendants filed a motion for summary judgment. ECF No. 32. On January 27, 2025, the Magistrate Judge issued a Report recommending that the motion be granted. ECF No. 52. The Magistrate Judge advised Plaintiff of the procedures and requirements for filing objections to the Report and the serious consequences for failing to do so. Plaintiff has not filed objections to the Report and the time to do so has lapsed.

APPLICABLE LAW AND ANALYSIS

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

9:23-cv-05109-DCC Date Filed 03/11/25 Entry Number 55 Page 2 of 2 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 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 will review 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)).

As noted above, Plaintiff did not file objections to the Report. Upon review for clear error, the Court agrees with the recommendation of the Magistrate Judge. Defendants’ motion for summary judgment [32] is GRANTED .

IT IS SO ORDERED.

s/ Donald C. Coggins, Jr. United States District Judge March 11, 2025

Spartanburg, South Carolina

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