ELLIS v. GREENVILLE COUNTY DETENTION CENTER

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)

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.
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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

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