Thompson v. Turbeville Correctional Institution et al
Filing
24
OPINION AND ORDER RULING ON REPORT AND RECOMMENDATION adopting 14 Report and Recommendation, Defendant Turbeville Correctional Institution (SCDC) and Inmate James Pilgrim are dismissed from this matter without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 11/14/2012. (jpet, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Douglas Thompson,
)
)
Plaintiff,
)
)
v.
)
)
Turbeville Correctional Institution, SCDC; )
Captain Kelley; Lt. Harriet; Inmate James )
Pilgrim,
)
)
Defendants.
)
___________________________________ )
C/A NO. 0:12-2220-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 October 23, 2012, the Magistrate Judge issued a
Report recommending that Defendant “Turbeville Correctional Institution” and Inmate James
Pilgrim be dismissed from this matter 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
November 13, 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
1
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 conducting a de novo review as to objections made, and considering the record, the
applicable law, the Report and Recommendation of the Magistrate Judge, and Plaintiff’s objections,
the court agrees with the conclusions of the Report. Accordingly, the court adopts and incorporates
the Report and Recommendation by reference in this Order. Plaintiff’s objections do not really
challenge the conclusions of the Report; rather, Plaintiff seeks to clarify the reasons he presented
the complaint as he did. Therefore, Defendant “Turbeville Correctional Institution, SCDC,” and
“Inmate James Pilgrim” are dismissed from this matter without prejudice and without issuance and
service of process. This matter is returned to the Magistrate Judge for further pretrial proceedings.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
November 14, 2012
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?