Jamison v. Mackie et al
ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 9 Report and Recommendations, dismissing case without prejudice and without service of process, denying 15 Motion to Transfer Case filed by Cecil Fitzgerald Jamison. Signed by Honorable R Bryan Harwell on 1/9/2012. (jpet, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Cecil Fitzgerald Jamison,
Warden MacKie; Ms. Thompson, R&E
Manager; M. Goebel; CO Aiken; Copr.
Carter; Sgt. Story; CO D. Welser, Library;
in their individual and offcial capacities;
CO Bulware; Sgt. Woods; Lt. Murdock;
Sargeant Jane Doe,
C.A. No.: 0:11-2668-RBH
This matter is before the court for review of the Report and Recommendation of United
States Magistrate Judge Paige J. Gossett, made in accordance with 28 U.S.C. § 636(b)(1)(B)
and Local Rule 73.02 for the District of South Carolina.
The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with
this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with
making a de novo determination of those portions of the Report and Recommendation to
which specific objection is made, and the court may accept, reject, or modify, in whole or in
part, the recommendation of the Magistrate Judge or recommit the matter with instructions.
See 28 U.S.C. § 636(b)(1).
Neither party has filed objections to the Report and Recommendation. However, the
plaintiff has filed a “Motion to Request Case Be Transferred to Proper Court”(Docket Entry #
15). In his motion, the plaintiff requests this Court to transfer his case to the “South Carolina
Tort Claims Court.” The Court assumes that the plaintiff has made this request because of the
Magistrate’s reference to a remedy for personal property loss through the South Carolina Tort
Claims Act. (R&R, p.5). Such a case would be brought in the South Carolina Court of
Common Pleas, but the procedural rules under which this Court operates do not authorize it to
transfer a case to the state court.
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 reviews only for clear error in
the absence of an objection. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310
(4th Cir. 2005) stating that “in the absence of a timely filed objection, a district court need not
conduct de novo review, but instead must 'only satisfy itself that there is no clear error on the
face of the record in order to accept the recommendation.'” (quoting Fed. R. Civ. P. 72
advisory committee's note).
After a thorough review of the record in this case, the Court finds no clear error.
Accordingly, the Report and Recommendation of the Magistrate Judge is adopted and
incorporated by reference. Therefore, it is
ORDERED that the Complaint is dismissed without prejudice and without service of
process. Plaintiff’s Motion to Transfer is Denied.
IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Florence, South Carolina
January 9, 2012
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