Addison v. Polt et al
Filing
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OPINION AND ORDER RULING ON REPORT AND RECOMMENDATION adopting 46 Report and Recommendations, granting 25 Motion for Summary Judgment,, filed by Officer Fylord, Lt Hogg, Sgt McClure, Sgt Holt, Officer Polt and dismissing case with prejudice. Signed by Honorable Cameron McGowan Currie on 6/26/2012. (jpet, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Terrell Addison,
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Plaintiff,
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v.
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YCDC Officer Polt; Sgt. McClure; Sgt. Holt;)
Officer Fylord; and Lt. Hogg,
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Defendants.
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___________________________________ )
C/A NO. 0:11-909-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.
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 May 30, 2012, the Magistrate Judge issued a Report
recommending that Defendant’s motion for summary judgment be granted. 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 June 14, 2012.
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
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U.S.C. § 636(b).
After conducting a de novo review as to objections made, and considering the record, the
applicable law, and the Report and Recommendation of the Magistrate Judge, the court agrees with
the findings of the Report. Therefore, the court adopts the Report by reference in this Order.
Plaintiff seeks to excuse his failure to file within the applicable statute of limitations period
“because of my serious . . . health and pain [issues] caused by” Defendants, and that he attempted
to seek legal help for his claim, but that York County Detention Center officials would not allow the
individual he contacted into the jail “to take photos.” Obj. at 1 (ECF No. 49). These purported
extenuating circumstances are insufficient to toll the statute of limitations for such a period as to
make the filing of this complaint timely.
Defendants’ motion for summary judgment is granted and this matter is dismissed with
prejudice.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
June 26, 2012
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