Killingsworth v. Truluck et al

Filing 15

ORDER RULING ON REPORT AND RECOMMENDATIONS accepting 11 Report and Recommendations, dismissing complaint without prejudice and without issuance and service of process. Signed by Honorable Terry L Wooten on 11/8/2010. (jpet, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION ) ) Plaintiff, ) ) vs. ) ) Chris Truluck, Darron Martin, and ) Prosecuting Officer Merrill, ) ) Defendants. ) ____________________________________) Jason Lamont Killingsworth, Civil Action No.: 0:10-1823-TLW-PJG ORDER On July 14, 2010, the plaintiff, Jason Lamont Killingsworth ("plaintiff"), proceeding pro se, filed this civil action. (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) and Local Rule 73.02(B)(2), 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. # 11). On September 16, 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. # 11). The plaintiff filed no objections to the report. Objections were due on October 4, 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 1 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 is ACCEPTED. (Doc. # 11). For the reasons articulated by the Magistrate Judge, the complaint in this case is dismissed without prejudice and without issuance and service of process. IT IS SO ORDERED. s/Terry L. Wooten United States District Judge November 8, 2010 Florence, South Carolina 2

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