Summary
dismissing the plaintiff's "run-of-the-mill slip and fall negligence claim," noting "[i]t is well-settled that mere negligence does not state a viable Eighth Amendment claim"
Summary of this case from Parten v. BolandOpinion
C/A No. 8:05-2251-GRA-BHH.
September 1, 2006
ORDER
This matter is before the Court for a review of the magistrate's Report and Recommendation made in accordance with 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2)(e), D.S.C. Plaintiff filed suit on August 19, 2005, pursuant to 42 U.S.C. § 1983, alleging that while imprisoned at McCormick Correctional Institute, he slipped and fell on water leaking from the sink in his cell, injuring his back. Defendants moved for summary judgment on February 1, 2006. The magistrate recommended granting Defendants' Motion for Summary Judgment and dismissing this case with prejudice.
Plaintiff brings this claim pro se. This Court is required to construe pro se pleadings liberally. Such pleadings are held to a less stringent standard than those drafted by attorneys. Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir.), cert. denied, 439 U.S. 970 (1978). This Court is charged with liberally construing a pleading filed by a pro se litigant to allow for the development of a potentially meritorious claim. Cruz v. Beto, 405 U.S. 319 (1972).
The magistrate 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. Matthews v. Weber, 423 U.S. 261, 270-71 (1976). The Court is charged with making a de novo determination of those portions of the Report and Recommendation to which specific objection is made, and the Court may accept, reject or modify, in whole or in part, the recommendation of the magistrate, or recommit the matter to him with instructions. 28 U.S.C. § 636(b)(1). In the absence of specific objections to the Report and Recommendation, this Court is not required to give any explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198 (4th. Cir. 1983). Objections to the Report and Recommendation have not been filed.
After a review of the magistrate's Report and Recommendation, this Court finds that the report is based upon the proper law. Accordingly, the Report and Recommendation is accepted and adopted in its entirety.
IT IS, THEREFORE, ORDERED that Defendants' Motion for Summary Judgment be GRANTED and Plaintiff's claims be DISMISSED with prejudice. It is further ORDERED that the plaintiff's pending motions for discovery and production of documents be DENIED as moot.
IT IS SO ORDERED.