Massi v. Drug Enforcement Administration, No. 0:2009cv00538 - Document 41 (D.S.C. 2009)

Court Description: OPINION AND ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 38 Report and Recommendations, denying 18 Motion for Summary Judgment, filed by Drug Enforcement Administration. Defendant Drug Enforcement Administration shall produce copies of th e two pages it previously withheld. This matter is concluded and the Clerk shall enter judgment for Plaintiff. Signed by Honorable Cameron McGowan Currie on 11/10/2009. (jpet, ) Modified to replace document with corrected document and edit text on 11/10/2009 (jpet, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Clay Massi, ) ) Plaintiff, ) ) v. ) ) Drug Enforcement Administration, ) ) Defendant. ) ___________________________________ ) C/A NO. 0:09-538-CMC-PJG OPINION and ORDER This matter is before the court on Plaintiff s pro se complaint, filed in this court pursuant to 5 U.S.C. § 552(a)(4)(B). In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(c), 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 23, 2009, the Magistrate Judge issued a Report recommending that Defendant s motion for summary judgment be denied and that pursuant to 5 U.S.C. § 552(a)(4)(B), Defendant be ordered to produce to Plaintiff the records sought. The Magistrate Judge advised the parties of the procedures and requirements for filing objections to the Report and the serious consequences if they failed to do so. No objections have been filed and the time for doing 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 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 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 record of this matter, the applicable law, and the Report and Recommendation of the Magistrate Judge, the court agrees with the conclusions of the Magistrate Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by reference in this Order. Defendant s motion for summary judgment is denied. Defendant Drug Enforcement Administration shall produce copies of the two pages it previously withheld ( ARCOS [Automation of Reports and Consolidated Orders System] Computer Query Result for DEA Number BW5154632; NDC: 00555-0973-02, Transaction Date: January 1, 2004 through December 30, 2004 ) to Plaintiff. This matter is concluded and the Clerk shall enter judgment for Plaintiff. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina November 10, 2009 2

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