Collier v. Iacofano's Food Service and Catering

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION

Christie L. Collier, C/A. No. 3:19-553-CMC

Plaintiff

v. Opinion and Order Iacofano’s Food Service and Catering,

Defendant.

This matter is before the court on Plaintiff’s pro se complaint alleging discrimination by her former employer, pursuant to 42 U.S.C. §§ 2000e et seq. ECF No. 1. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(d), DSC, this matter was referred to United States Magistrate Judge Paige J. Gossett for pre-trial proceedings and a Report and Recommendation (“Report”). On October 31, 2019, Defendant filed a motion for summary judgment. ECF Nos. 44, 45. A Roseboro Order was mailed to Plaintiff, advising her of the importance of a dispositive motion and the need to file an adequate response. ECF No. 47. Plaintiff filed a response to the motion. ECF No. 50. On January 31, 2020, the Magistrate Judge issued a Report recommending Defendant’s summary judgment motion be granted. ECF No. 53. The Magistrate Judge advised Plaintiff of the procedures and requirements for filing objections to the Report and the serious consequences if she failed to do so. Plaintiff has not filed objections, and the time to do so has expired. 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 Matthews 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 reviews 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 reviewing the complaint, the motion, the applicable law, the record, and the Report and Recommendation of the Magistrate Judge, the court finds no clear error. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted and incorporated by reference. Defendant’s motion for summary judgment is granted (ECF No. 44), and this matter is dismissed with prejudice.

IT IS SO ORDERED. s/Cameron McGowan Currie CAMERON MCGOWAN CURRIE Senior United States District Judge Columbia, South Carolina February 27, 2020