Fox v. Federal Bureau of Prisons et al

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATIONS 45 of Magistrate Judge Robert S Carr and denying 40 Motion for Preliminary Injunction and Temporary Restraining Order filed by Clarence T Fox, Jr. Signed by Honorable G Ross Anderson, Jr on 3/26/2009. (ssan, )

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION Clarence T. Fox, Jr., ) ) Plaintiff, ) ) v. ) ) Federal Bureau of Prisions, Paul Gonzalas,) Katheryn Mack, and Brenda Shell. ) ) Defendants. ) ______________________________________ ) C/A No. 2:08-cv-2431-GRA-RSC ORDER (Written Opinion) This matter comes before the Court to review the magistrate's Report and Recommendation pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 73.02(B)(2)(d), D.S.C., filed on February 23, 2009. Plaintiff originally filed a complaint pursuant to 42 U.S.C. 1983. The magistrate now recommends that the plaintiff's motion for a preliminary injunction and temporary restraining order filed on February 2, 2009 be denied. For the reasons stated herein, this Court adopts the magistrate's recommendation. 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. See Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir. 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. See Boag v. MacDougall, 454 U.S. 364, 365 (1982). Page 1 of 3 The magistrate makes only a recommendation to this Court. The recommendation has no presumptive weight, and responsibility for making a final determination remains with this Court. Mathews v. Weber, 423 U.S. 261, 270-71 (1976). This Court is charged with making a de novo determination of those portions of the Report and Recommendation to which specific objection is made, and this Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. 636(b)(1). This Court may also "receive further evidence or recommit the matter to the magistrate with instructions." Id. 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). Recommendation have been filed. After a review of the magistrate's Report and Recommendation, applicable case law, and the record, this Court finds that the magistrate applied sound legal principles to the facts of this case. Recommendation in its entirety. IT IS ORDERED that the plaintiff's motion for a preliminary injunction and temporary restraining order be DENIED. Therefore, this Court adopts the Report and No objections to the Report and Page 2 of 3 IT IS SO ORDERED. G. Ross Anderson, Jr. Senior United States District Judge March 26 , 2009 Anderson, South Carolina NOTICE OF RIGHT TO APPEAL Pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure, Plaintiff has the right to appeal this Order within sixty (60) days from the date of its entry. Failure to meet this deadline, as modified by Rule 4 of the Federal Rules of Appellate Procedure, will waive the right to appeal. Page 3 of 3

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