Cabarruvias v. Gadsen ( 2021 )

IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION Jose Luis Luna Cabarruvias, Case No. 8:20-cv-1218-SAL Petitioner, v. ORDER Jake Gadsen, Respondent. This matter is before the Court for review of the December 18, 2020 Report and Recommendation (“Report”) of United States Magistrate Judge Jacquelyn D. Austin, made in accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.). See ECF No. 40. In the Report, the Magistrate Judge recommends the Respondent’s motion for summary judgment, ECF No. 13, be granted and the petition be denied. Id. No party filed objections to the Report, and the time to do so has passed. The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with this Court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The Court is charged with making a de novo determination of only those portions of the Report that have been specifically objected to, and the Court may accept, reject, or modify the Report, in whole or in part. 28 U.S.C. § 636(b)(1). In the absence of objections, the Court is not required to provide an explanation for adopting the Report and 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) (citing Fed. R. Civ. P. 72 advisory committee’s note). After a thorough review of the Report, the applicable law, and the record of this case in accordance with the above standard, the Court finds no clear error, adopts the Report, and incorporates the Report by reference herein. Accordingly, Respondent’s motion for summary judgement, ECF No. 13, is GRANTED and the Petition is DENIED. IT IS SO ORDERED. /s/Sherri A. Lydon January 19, 2021 Sherri A. Lydon Florence, South Carolina United States District Judge