Opinion

Brown v. Cohen

Court
District Court, D. South Carolina
Filed
Jul 11, 2025
Cited by
0 cases
Authority
More cited than 37.8%

stating that “in 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.” (citation omitted)

How later courts described this case

  • stating that “in 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.” (citation omitted)

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

CHARLESTON DIVISION

Michael Brown, ) Case No. 2:24-cv-06286-DCC

)

Plaintiff, )

)

v. ) ORDER

)

Lavern Cohen, Ridgeland Correctional )

Institution, South Carolina Dept. of )

Corrections, )

)

Defendants. )

________________________________ )

This matter is before the Court upon Plaintiff’s complaint alleging violations of his

civil rights pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b) and

Local Civil Rule 73.02(B)(2), (D.S.C.), this matter was referred to United States Magistrate

Judge Mary Gordon Baker for pre-trial proceedings and a Report and Recommendation

(“Report”). On May 5, 2025, the Magistrate Judge issued a Report recommending that

this action be dismissed without leave to amend, without prejudice, and without issuance

of service of process. ECF No. 11. The Magistrate Judge advised Plaintiff of the

procedures and requirements for filing objections to the Report and the serious

consequences for failing to do so. Plaintiff has not filed objections to the Report and the

time to do so has lapsed.

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 the Court. See Mathews v. Weber, 423 U.S. 261 (1976). The

Court is charged with making a de novo determination of any portion of the Report of the

Magistrate Judge to which a specific objection is made. The Court may accept, reject, or

modify, in whole or in part, the recommendation made by the Magistrate Judge or

recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b).

The Court will review the Report only for clear error in the absence of an objection. See

Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating

that “in 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.” (citation omitted)).

After considering the record in this case, the applicable law, and the Report of the

Magistrate Judge, the Court finds no clear error and agrees with the Report’s

recommendation. This action is DISMISSED without prejudice, without leave to amend,

and without issuance and service of process. The motion for leave to proceed in forma

pauperis [2] is MOOT.

IT IS SO ORDERED.

s/ Donald C. Coggins, Jr.

United States District Judge

July 11, 2025

Spartanburg, South Carolina

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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