IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION

Herbert Benjamin, Case No. 9:19-cv-1467-SAL

Plaintiff,

v. ORDER Warden Scott Lewis, Deputy Warden John L. Palmer, and Associate Warden S. Duffy,

Defendants.

This matter is before the Court for review of the November 6, 2020 Report and Recommendation (“Report”) of United States Magistrate Judge Molly H. Cherry, made in accordance with

(b) and Local Civil Rule 73.02(B)(2) (D.S.C.). [ECF No. 81]. In the Report, the Magistrate Judge recommends the defendants’ motion for summary judgment, ECF No. 58, should be granted and this action should be dismissed with prejudice.

No party filed objections to this Report, and the time to do so has passed.

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 this Court. See Mathews v. Weber,

(1976). The Court is charged with making a de novo determination of only those portions of the Report that have been specifically objected to, and the Court may accept, reject, or modify the Report, in whole or in part.

(b)(1). In the absence of objections, the Court is not required to provide an explanation for adopting the Report and 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.,

(4th Cir. 2005) (citing Fed. R. Civ. P. 72 advisory committee’s note). After a thorough review of the Report, the applicable law, and the record of this case in accordance with the above standard, the Court finds no clear error, adopts the Report, and incorporates the Report by reference herein. Accordingly, Defendants’ Motion for Summary Judgment, ECF No. 58 is GRANTED and this action is DISMISSED WITH PREJUDICE.

IT IS SO ORDERED. /s/Sherri A. Lydon January 7, 2021 Sherri A. Lydon Florence, South Carolina United States District Judge