Guess v. Adams et al, No. 3:2015cv00657 - Document 36 (D.S.C. 2015)

Court Description: OPINION and ORDER adopting 31 Report and Recommendation, granting 20 Motion for Summary Judgment. Signed by Honorable Cameron McGowan Currie on 12/14/2015. (cbru, )

Download PDF
Guess v. Adams et al Doc. 36 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Thurmond R. Guess, Sr. ) ) Plaintiff, ) ) v. ) ) David Adams, as Richland County Treasurer; ) Shirley S. Tapp, ) ) Defendants. ) _________________________________________ ) C/A NO. 3:15-657-CMC-PJG OPINION and ORDER This matter is before the court on Plaintiff’s pro se complaint, filed in this court pursuant to 42 U.S.C. §§ 1981, 1982, and 1983. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(e), DSC, this matter was referred to United States Magistrate Judge Paige J. Gossett for pre-trial proceedings and a Report and Recommendation (“Report”). On December 1, 2015, the Magistrate Judge issued a Report recommending that Defendants’ motion for summary judgment be granted and this matter be dismissed with prejudice. The Magistrate Judge advised Plaintiff of the procedures and requirements for filing objections to the Report and the serious consequences if he failed to do so. Plaintiff filed objections to the Report on December 11, 2015, and December 14, 2015. 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 1 Dockets.Justia.com the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b). After conducting a de novo review as to objections made, and considering the record, the applicable law, the Report and Recommendation of the Magistrate Judge, and Plaintiff’s objections, the court finds that summary judgment should be granted to Defendants. Accordingly, the court adopts the Report by reference in this order. Plaintiff’s objections are without merit and fail to establish any legal or factual infirmity in the Report. Defendants’ motion for summary judgment is granted 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 December 14, 2015 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.