Filing 12

ORDER accepting the 8 Report and Recommendation and dismissing Plaintiff's complaint. Signed by Chief Judge Terry L. Wooten on 8/2/2017. (bgoo)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Joseph A. Ellis, C/A No.: 0:17-cv-01163-TLW Plaintiff, v. ORDER Greenville County Detention Center, Defendant. Plaintiff Joseph A. Ellis, a pre-trial detainee proceeding pro se and in forma pauperis, filed this action seeking declaratory and injunctive relief 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 summarily dismiss Plaintiff’s complaint without issuance and service of process because Plaintiff failed to state a claim upon which relief can be granted. ECF No. 8. Objections to the R&R were due on June 21, 2017. Plaintiff has not filed objections; however, the Court notes that the R&R was mailed1 to Plaintiff on June 7, 2017, and returned as undeliverable on June 19, 2017. ECF No. 10. 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 Plaintiff’s complaint, ECF No. 1, listed Plaintiff’s address at the Greenville County Detention Center. The Court mailed all materials to the detention center. See ECF No. 9. It appears from the record that Plaintiff was released, failed to notify the Court of a new address, and has abandoned his claim. 1 1 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). 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. Therefore, for the reasons articulated by the Magistrate Judge, Plaintiff’s complaint is hereby DISMISSED. IT IS SO ORDERED. ___________________________ s/Terry L. Wooten Terry L. Wooten Chief United States District Judge August 2, 2017 Columbia, South Carolina 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?