- ih = < be IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION GARY WASHINGTON, § Plaintiff, § § vs. § CIVIL ACTION NO. 3:20-4056-MGL-SVH § CONTINENTAL TIRE THE AMERICAS, § LLC, § Defendant. § `` ORDER ADOPTING THE REPORT AND RECOMMENDATION __ AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT __ Plaintiff Gary Washington (Washington) filed this job discrimination and retaliation action against his former employer, Defendant Continental Tire the Americas, LLC. (CTA). The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting CTA’s motion for summary judgment be granted. 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 September 1, 2022, but neither party filed 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 this Court that CTA’s motion for summary judgment is GRANTED. IT IS SO ORDERED. Signed this 26th day of September, 2022, in Columbia, South Carolina. /s/ Mary G. Lewis MARY G. LEWIS UNITED STATES DISTRICT JUDGE 2
Document Info
Docket Number: 3:20-cv-04056-MGL
Filed Date: 9/26/2022
Precedential Status: Precedential
Modified Date: 6/27/2024