McClary v. United Parcel Service, Inc.

District Court, D. South Carolina

McClary v. United Parcel Service, Inc.

Trial Court Opinion

Es a Sa Mae 5 Op ey SouTe.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION KAYLA MCCLARY, § Plaintiff, § § vs. § Civil Action No. 3:24-2619-MGL-PJG § UNITED PARCEL SERVICE, INC., § Defendant. § ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION Plaintiff Kayla McClary (McClary) filed this employment action against Defendant United Parcel Service, Inc., alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. This matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge recommending the Court deny McClary’s motion for a preliminary injunction. 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 July 18, 2025. To date, McClary has 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 & Accident Ins. Co.,

416 F.3d 310, 315

(4th Cir. 2005). 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 under the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court McClary’s motion for preliminary injunction is DENIED. IT IS SO ORDERED. Signed this 5th day of August 2025, in Columbia, South Carolina. s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE

***** NOTICE OF RIGHT TO APPEAL McClary is hereby notified of her 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.

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