Nickens v. Bamberg County Detention Center

Filing 12

ORDER accepting the 8 Report and Recommendation and dismissing Plaintiff's claims for the reasons articulated by the Magistrate Judge. Signed by Chief Judge Terry L. Wooten on 6/27/2017. (bgoo)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Craishaun L. Nickens, C/A No. 0:17-cv-00031-TLW Plaintiff, v. ORDER Tasha Wilson, Bamberg County Detention Center, Defendants. Plaintiff Craishaun L. Nickens, a pre-trial detainee proceeding pro se and in forma pauperis, filed this action alleging violations of his constitutional rights pursuant to 42 U.S.C. § 1983. ECF No. 1. The matter now comes before this Court for review of a Report and Recommendation (R&R) filed by Magistrate Judge Gossett, ECF No. 8, to whom this case was assigned pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2), DSC. In the R&R, the Magistrate Judge recommends that the Court dismiss Plaintiff’s complaint without prejudice and without issuance and service of process. ECF No. 8. Objections to the R&R were due on February 2, 2017, and Plaintiff has not filed objections. This Court is charged with conducting a de novo review of any portion of the Magistrate Judge’s R&R to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that R&R. 28 U.S.C. § 636. In the absence of objections to the R&R, this Court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199–200 (4th Cir. 1983). 1 This Court carefully reviewed the R&R in this case. Noting that Plaintiff filed no objections, the R&R, ECF No. 8, is hereby ACCEPTED. The Court also notes that the standard for a claim of deliberate indifference to a serious medical need is the same for pretrial detainees under the Fourteenth Amendment as it is for prisoners under the Eighth Amendment. See Brown v. Harris, 240 F.3d 383, 388 (4th Cir. 2001); Belcher v. Oliver, 898 F.2d 32, 34 (4th Cir. 1990). Therefore, for the reasons articulated by the Magistrate Judge in the R&R, Plaintiff’s claims are hereby DISMISSED. IT IS SO ORDERED. ___________________________ s/Terry L. Wooten Terry L. Wooten Chief United States District Judge June 27, 2017 Columbia, South Carolina 2

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