From Casetext: Smarter Legal Research

Jackson v. Gable

United States District Court, D. South Carolina, Rock Hill Division
May 25, 2006
Civil Action No. 0:05-2591-HFF-BM (D.S.C. May. 25, 2006)

Opinion

Civil Action No. 0:05-2591-HFF-BM.

May 25, 2006


ORDER


This is a civil rights action filed under 28 U.S.C. § 1983. Plaintiff is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge recommending that the Court grant Defendants' motion for summary judgment, deny Plaintiff's motion for summary judgment, and dismiss in part. The Report is 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 may recommit the matter with instructions. 28 U.S.C. § 636(b)(1).

The Magistrate Judge filed the Report on April 27, 2006, and Plaintiff failed to file any objections to the Report. In the absence of such objections, the Court is not required to give any explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). 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 standards set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court that Defendants' motion for summary judgment be GRANTED, Plaintiff's motion for summary judgment be DENIED, and, to the extent Plaintiff's claims relate to the validity of his criminal convictions, that those claims be DISMISSED without prejudice.

IT IS SO ORDERED.


Summaries of

Jackson v. Gable

United States District Court, D. South Carolina, Rock Hill Division
May 25, 2006
Civil Action No. 0:05-2591-HFF-BM (D.S.C. May. 25, 2006)
Case details for

Jackson v. Gable

Case Details

Full title:ROBERT EARL JACKSON, Plaintiff, v. CHIEF DEPUTY GABLE et al., Defendants

Court:United States District Court, D. South Carolina, Rock Hill Division

Date published: May 25, 2006

Citations

Civil Action No. 0:05-2591-HFF-BM (D.S.C. May. 25, 2006)

Citing Cases

Young v. Payne

Westfall v. Luna, 2019 WL 3892438, at *6 (N.D. Tex. Aug. 19, 2019) (quoting Fritz v. Akosomitas, 2015 WL…

Wilson v. Cutler

Restatement(Second ) of Torts § 660 (1977); see also Tucker v. Duncan, 409 F.2d 963, 965 (4th Cir. 1974);…