El-Bey v. Clover Police Department et al
Filing
33
OPINION AND ORDER affirming 23 Order Ruling on Report and Recommendation. Signed by Honorable Cameron McGowan Currie on 7/2/2013. (jpet, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Miy’at Kali El-Bey,
)
)
Plaintiff,
)
)
v.
)
)
Clover Police Department; Cpl M.L.
)
Wilson; A+ Garage and Towing; David
)
Woods; J. Corsey Bentley; Herman Melvin )
Howell, Judge,
)
)
Defendants.
)
___________________________________ )
C/A NO. 0:13-438-CMC-PJG
OPINION and ORDER
This matter is before the court on Plaintiff’s pro se Objections to the Report and
Recommendation, received on July 1, 2013. ECF No. 31.
On May 31, 2013, the Magistrate Judge filed a Report and Recommendation (“Report”),
recommending that Defendant Herman Melvin Howell, Judge be dismissed from this action without
prejudice and without issuance and service of process. See Report (ECF No. 16). The Report was
mailed to Plaintiff; it was not returned to the Court by the United States Postal Service.
On June 18, 2013, having received no objections to the Report from Plaintiff, this court
adopted the Report and dismissed these Defendants from this action. ECF No. 23.
Plaintiff indicates in her objections that she received the Report and this court’s order of
dismissal on June 24, 2013.1
Out of an abundance of caution, the court has reviewed Plaintiff’s untimely objections, and
1
Plaintiff’s address on file with the Clerk of Court is a Post Office Box in Matthews, North
Carolina.
1
finds them to be without merit. Accordingly, this court affirms the earlier-entered order dismissing
Defendant Howell 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
July 2, 2013
2
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