Luckett v. Simon et al

Filing 24

OPINION and ORDER re 23 Amended Complaint filed by Leroy Luckett. This matter is re-referred to the United States Magistrate Judge for an evaluation of Plaintiff's allegations and requested relief. Judge Magistrate Judge Paige J Gossett added. Signed by Honorable Cameron McGowan Currie on 12/4/2013. Motions referred to Paige J Gossett.(abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Mr. Leroy Luckett,

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Plaintiff,
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v.
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Ms. S. Bracey Simon, Lee Correctional
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Postal/Mailroom Staff;
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Associate Warden J.J. Brooks, Jr.,
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Defendants.
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___________________________________ )

C/A NO. 0:13-2115-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 September 26, 2013, the Magistrate Judge issued
a Report recommending that the complaint be dismissed without prejudice and without issuance and
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. After receiving
two extensions of time, Plaintiff filed timely objections to the Report on November 6, 2013.
Plaintiff’s objections were conclusory and repetitive reassertions of the factual allegations
contained in the complaint and his belief that he is entitled to relief. At the end of his fifty-eight (58)
pages of objections, Plaintiff indicated that together with an order vacating his state court conviction,
Plaintiff seeks compensatory and punitive damages for the alleged violations of his constitutional
rights. See Obj. at 56-57 (ECF No. 20). Plaintiff did not include this requested relief in his
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complaint. On November 13, 2013, this court directed Plaintiff to file an amended complaint to
include all the relief he seeks by November 27, 2013. On November 26, Plaintiff gave his amended
complaint to prison authorities. It was received for filing on December 2, 2013.
Accordingly, this matter is re-referred to the United States Magistrate Judge for an evaluation
of Plaintiff’s allegations and requested relief.
IT IS SO ORDERED.

s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
SENIOR UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
December 4, 2013

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