Anderson v. Brock et al

Filing 12

OPINION AND ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 6 Report and Recommendations, dismissing case without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 8/13/2010. (jpet, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Sammy L. Anderson, ) ) Plaintiff, ) ) v. ) ) Deputy Gene Brock; Officer Kenneth L. ) Washington; Atty David Plowden; Atty ) Scott D. Robinson; Atty Beattie B. ) Ashmore; US Assistant Prosecutor Isaac ) Johnson, Jr.; Judge Wm Catoe; Judge ) G. Ross Anderson, Jr.; Probation Officer ) Melissa Anderson, ) ) Defendants. ) ___________________________________ ) C/A NO. 0:10-1690-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. § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(d), DSC, this matter was referred to United States Magistrate Judge Paige J. Gossett for pre-trial proceedings and a Report and Recommendation ("Report"). On July 29, 2010, the Magistrate Judge issued a Report recommending that ­ for a variety of reasons ­ this matter be dismissed without prejudice and without service of process. 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 August 6, 2010. 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 the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b). After reviewing the record of this matter, the applicable law, the Report and Recommendation of the Magistrate Judge, and Plaintiff's objections, the court agrees with the conclusions of the Magistrate Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by reference in this Order. Plaintiff's objections are without merit. This matter is dismissed without prejudice and without issuance and service of process. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina August 13, 2010

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