Snyder v. Dunlap

District Court, D. South Carolina

Snyder v. Dunlap

Trial Court Opinion

EE oR a) 6, A * ae iG x HS Rorsp IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION MARK ALLAN SNYDER, § Plaintiff, § § vs. § CIVIL ACTION 9:19-0194-MGL-BM § WARDEN DUNLAP, LIEUTENANT MILLER, § and SERGEANT ROMMANELLO, § Defendants. § ORDER ADOPTING THE REPORT AND RECOMMENDATION, GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, AND DISMISSING THE CASE WITHOUT PREJUDICE Plaintiff Mark Allan Snyder filed this lawsuit under

42 U.S.C. § 1983

against. He is self represented. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting Defendant Warden Dunlap, Lieutenant Miller and Sergeant Rommanello’s (Defendants) motion for summary judgment be granted, and this case be dismissed without prejudice. The Report was made in accordance with 28 U.S.C.§ 636 and Local Civil Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only arecommendation to this Court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with the Court. Mathews v. Weber,

423 U.S. 261, 270

(1976). The Court is charged with making a de novo determination of those portions of the Report to which specific objection is made, and the Court may

accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or recommit the matter with instructions.

28 U.S.C. § 636

(b)(1). The Magistrate Judge filed the Report February 12, 2020, but Snyder failed to file any objections. “[I]n 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 & Acc. Ins. Co.,

416 F.3d 310, 315

(4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). Moreover, a failure to object waives appellate review. Wright v. Collins,

766 F.2d 841, 845-46

(4th Cir. 1985). After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court Defendants’ motion for summary judgment is GRANTED, and this case is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED. Signed this 9th day of March, 2020, in Columbia, South Carolina. s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE ***** NOTICE OF RIGHT TO APPEAL Snyder is hereby notified of the right to appeal this Order within thirty days from the date hereof, pursuant to the Federal Rules of Appellate Procedure.

Reference

Status
Unknown