Maybin v. Spartanburg County Sheriffs Dept. et al
Filing
31
ORDER ADOPTING 24 REPORT AND RECOMMENDATION - It is ordered that Defendants Spartanburg County Detention Center and Spartanburg County Sheriff's Department are dismissed without prejudice and without issuance and service of process. Signed by Honorable Timothy M Cain on 4/24/2015. (gmil)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Larry Percell Maybin,
Plaintiff,
vs.
Spartanburg County Sheriff’s Dept.;
Deputy Robert Morrison; Deputy
Derrick McBryer; Cpl. Shannon
Greene; Phillip Martin; Jason
Long; Brad James; Natalie Smith;
Spartanburg County Detention Center,
Defendants.
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Civil Action No. 0:14-4853-TMC-PJG
ORDER
Plaintiff Larry Percell Maybin, a pretrial detainee proceeding pro se, brought this civil
rights action pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b)(1) and Local
Civ. Rule 73.02, DSC, this matter was referred to a magistrate judge for pretrial handling. Before
the court is the magistrate judge’s Report and Recommendation (“Report”), recommending that
Defendants Spartanburg County Detention Center and Spartanburg County Sheriff’s Department
be dismissed from this case without prejudice and without issuance and service of process. (ECF
No. 24). Plaintiff was advised of his right to file objections to the Report. (ECF No. 24 at 6).
However, Plaintiff filed no objections to the Report, and the time to do so has now run.
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in the
absence of a timely filed objection, a district court need not conduct a 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.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th
Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough review of the Report and the record in this case, the court adopts the
Magistrate Judge's Report (ECF No. 24) and incorporates it herein. It is therefore ORDERED
that Defendants Spartanburg County Detention Center and Spartanburg County Sheriff’s
Department are DISMISSED without prejudice and without issuance and service of process.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
April 24, 2015
Anderson, South Carolina
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