Hollis v. Aiken County Public School District
Hollis v. Aiken County Public School District
Trial Court Opinion
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION MICHAEL HOLLIS, § Plaintiff, § § VS. § CIVIL ACTION 1:21-134-MGL-SVH § AIKEN COUNTY PUBLIC SCHOOL § DISTRICT, § Defendant. § ORDER ADOPTING THE REPORT AND RECOMMENDATION GRANTING DEFENDANT'S MOTION TO DISMISS Plaintiff Michael Hollis (Hollis) filed this job discrimination action against Defendant Aiken County Public School District (the District). Hollis is self represented. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting the District’s motion to dismiss be granted. The Report was made as per
28 U.S.C. § 636and Local Civil Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only a recommendation 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 on February 26, 2021, but Hollis 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 the District’s motion to dismiss is GRANTED. The case is DISMISSED WITHOUT PREJUDICE. But, Hollis can file an amended complaint within fifteen days of the date of this Order if he wishes to do so. If he fails to file an
amended complaint within that time period, however, the complaint will be dismissed with prejudice. IT IS SO ORDERED. Signed this 1st day of April, 2021, in Columbia, South Carolina. s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE
***** NOTICE OF RIGHT TO APPEAL The parties are hereby notified of the right to appeal this Order within thirty days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. 2
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