Wilson v. Pyatt et al

Filing 10

ORDER RULING ON REPORT AND RECOMMENDATIONS accepting 7 Report and Recommendations, the complaint in this action is dismissed without prejudice and without issuance and service of process. Signed by Honorable Terry L Wooten on 7/22/2010. (jpet, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Barney Bernard Wilson, ) ) Plaintiff, ) ) vs. ) ) Isaac L. Pyatt, Georgetown County ) Magistrate; Eddie Lee, Inv. Andrews Police ) Dept.; Orrie E. West, Georgetown County ) Public Defender; Richard F. Colvin, Senior ) Trial Attorney for Georgetown County ) Public Defender; ) ) Defendants. ) ____________________________________) Civil Action No.: 0:10-1271-TLW-PJG ORDER On May 8, 2010, the plaintiff, Barney Bernard Wilson ("plaintiff") proceeding pro se, filed this civil action pursuant to 42 U.S.C. 1983. (Doc. #1). The case was referred to United States Magistrate Judge Paige J. Gossett pursuant to the provisions of 28 U.S.C. 636(b)(1)(B) and Local Rule 73.02 (B)(2)(d), DSC. This matter now comes before this Court for review of the Report and Recommendation ("the Report") filed by the Magistrate Judge to whom this case had previously been assigned. (Doc. #7). On June 9, 2010, the Magistrate Judge issued the Report. In the Report, the Magistrate Judge recommends that the complaint in this case be dismissed without prejudice and without issuance and service of process. (Doc. #7). The plaintiff filed no objections to the report. Objections were due on June 28, 2010. This Court is charged with conducting a de novo review of any portion of the Magistrate Judge's Report and Recommendation 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. In the absence of objections to the Report and Recommendation of the Magistrate 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). The Court has carefully reviewed the Magistrate Judge's Report and Recommendation. It is hereby ORDERED that the Magistrate Judge's Report and Recommendation is ACCEPTED. (Doc. #7). For the reasons articulate by the Magistrate Judge, the complaint in this action is hereby DISMISSED without prejudice and without issuance and service of process. IT IS SO ORDERED. s/Terry L. Wooten United States District Judge July 22, 2010 Florence, South Carolina 2

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