Barnhill v. Duke et al

Filing 19

ORDER RULING ON REPORT AND RECOMMENDATIONS. It is hereby ORDERED that the Magistrate Judges Report is ACCEPTED 17 , and this case is TRANSFERRED in the interests of justice to the United States District Court for the Eastern District of New York for further adjudication. Signed by Honorable Terry L Wooten on 05/14/2012. (dsto, ) [Transferred from South Carolina on 5/16/2012.]

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

Thomas Barnhill, Jr.,

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Plaintiff,
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vs.
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Terrell Duke, Warden, Brooklyn MDC;
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Rosa Soroya, MLP;
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Michael Borecky, MD;
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R. Newland, R-MD;
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Sixto Riso, MLP;
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Freddy Nunez, PA-C;
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Counsellor Mr. Edwards;
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Counsellor Mrs. McMillan, and
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Case Manager, Mrs. Kyle,
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Defendants.
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__________________________________________)

C/A No. 4:12-4-TLW-TER

ORDER

This matter is now before the undersigned for review of the Report and Recommendation
(“the Report”) filed by United States Magistrate Thomas E. Rogers, III, to whom this case had
previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). In his
Report, Magistrate Judge Rogers recommends that this case be transferred in the interests of justice
to the United States District Court for the Eastern District of New York for further adjudication.
(Doc. # 17). The Report was filed on April 17, 2012. No objections to the Report have been filed.
This Court is charged with conducting a de novo review of any portion of the Magistrate
Judge’s Report to which a specific objection is registered, and may accept, reject, or modify, in whole
or in part, the recommendations contained in that report. 28 U.S.C. § 636. No objections have been
filed to the Report. In the absence of objections to the Report and Recommendation of the Magistrate

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Judge, this Court is not required to give any explanation for adopting the recommendation. See
Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
A review of the record indicates that the Report accurately summarizes this case and the
applicable law. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the
Magistrate Judge’s Report is ACCEPTED (Doc. # 17), and this case is TRANSFERRED in the
interests of justice to the United States District Court for the Eastern District of New York for further
adjudication.
IT IS SO ORDERED.
s/ Terry L. Wooten
TERRY L. WOOTEN
UNITED STATES DISTRICT JUDGE
May 14, 2012
Florence, South Carolina

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