El v. Clover Police Department et al

Filing 30

OPINION AND ORDER affirming 24 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
Antwan Eugene Ford Sen El,

)
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Plaintiff,
)
)
v.
)
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Clover Police Department; Phillip
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Hawkins, #311; C.B. Ford, #304; Sgt.
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Caldwell, #319; Selestino, #305; Rachel
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Ann Festa Fleming, Judge; Herman Melvin )
Howell, Judge,
)
)
Defendants.
)
___________________________________ )

C/A NO. 0:13-446-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. 27.
On May 31, 2013, the Magistrate Judge filed a Report and Recommendation (“Report”),
recommending that Defendants Rachel Ann Festa Fleming and Herman Melvin Howell be dismissed
from this action without prejudice and without issuance and service of process. See Report (ECF
No. 19). 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. 24.
Plaintiff indicates in his objections that he received the Report and this court’s order of

1

dismissal on June 24, 2013.1
Out of an abundance of caution, the court has reviewed Plaintiff’s untimely objections, and
finds them to be without merit. Accordingly, this court affirms the earlier-entered order dismissing
Defendants Fleming and 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

1

Plaintiff’s address on file with the Clerk of Court is a Post Office Box in Matthews, North
Carolina.
2