Jones, Sr. v. South Carolina Department of Corrections

District Court, D. South Carolina

Jones, Sr. v. South Carolina Department of Corrections

Trial Court Opinion

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION GEORGE N.S. JONES SR., § Plaintiff, § § vs. § CIVIL ACTION NO. 9:21-01822-MGL § § NURSE PERRY, SGT. STORR, NURSE § THORNTON, and BRYAN STIRLING, § Defendants. § ORDER ADOPTING THE REPORT AND RECOMMENDATION AND GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Plaintiff George N.S. Jones Sr. (Jones) filed this

42 U.S.C. § 1983

against Defendants Nurse Perry, Sgt. Storr, Nurse Thornton, and Bryan Stirling (collectively, Defendants). He alleges violations of his constitutional rights while incarcerated within the South Carolina Department of Corrections. Jones is self represented. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting to the Court Defendants’ motion for summary judgment be granted. The Magistrate Judge notes that, ifthe Court accepts this recommendation, Phelps’s motion for the Court to take judicial notice of adjudicative facts will be rendered as moot. 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 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 October 27, 2022, but Jones failed to file any objections to the Report. “[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. IT IS SO ORDERED. Signed this 15th day of November, 2022, 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

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