York County v. El
ORDER adopting the 5 Report and Recommendation, overruling Defendant's objections, and remanding the matter to the York County Court of General Sessions. Defendant's requests to stay the action and for recusal are rendered as moot. Signed by Honorable Mary Geiger Lewis on 2/12/2018. Clerk's Notice: Parties are responsible for supplementing the State Record with all documents filed in Federal Court. (bgoo)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
SEHKMET RE EL,
CIVIL ACTION NO. 0:17-3406-MGL
ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND REMANDING THIS MATTER TO
THE YORK COUNTY COURT OF GENERAL SESSIONS
Defendant sought to remove this state criminal case to this Court. He is proceeding pro se.
The matter is before the Court for review of the Report and Recommendation (Report) of the United
States Magistrate Judge suggesting this case be remanded to the York County Court of General
Sessions. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for
the District of South Carolina.
The Magistrate Judge makes only a recommendation to this Court. The recommendation has
no presumptive weight. The responsibility to make a final determination remains with the Court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report to which specific objection is made, and the Court may
accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or
recommit the matter with instructions. 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed the Report on January 24, 2018, and the Clerk of Court entered
Defendant’s objections on February 9, 2018. The Court has considered the objections, but holds
them to be without merit. Therefore, it will enter judgment accordingly.
Defendant neglects to make any specific objections to the Report. In such a situation, it is
unnecessary for the Court to conduct a de novo review inasmuch as Defendant’s general and
conclusory objections fail to direct the Court to any specific error or errors in the Report. See
Orpiano v. Johnson, 687 F.2d 44, 47–48 (4th Cir. 1982) (The district court is required to review de
novo only those portions of the Report to which specific objections have been made and need not
conduct de novo review “when a party makes general and conclusory objections that do not direct
the [C]ourt to a specific error in the [Report].”).
Nevertheless, in an abundance of caution, the Court has made a de novo review of the entire
record, but has located no error. Because the Court agrees with the well-reasoned discussion by the
Magistrate Judge, it declines to address the relevant issues a second time here.
Therefore, after a thorough review of the Report and the record in this case pursuant to the
standards set forth above, the Court overrules Defendant's objections, adopts the Report, and
incorporates it herein. Therefore, it is the judgment of this Court the matter is REMANDED to the
York County Court of General Sessions. Defendant’s requests to stay the action and for recusal are,
thus, RENDERED AS MOOT.
IT IS SO ORDERED.
Signed this 12th day of February, 2018, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
NOTICE OF RIGHT TO APPEAL
Defendant is hereby notified of the right to appeal this Order within thirty days from the date
hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.
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