Dowdle v. Chilton et al

Filing 11

ORDER RULING ON REPORT AND RECOMMENDATIONS: The court finds the Magistrate Judges recommendation proper and incorporated herein by reference. Accordingly, this action is dismissed without prejudice and without issuance and service of process. Signed by Honorable Joseph F Anderson, Jr on 6/17/2010. (mcot, )

U N I T E D STATES DISTRICT COURT D IS T R IC T OF SOUTH CAROLINA J o h n Ray Dowdle, P l a in tif f , vs. P t. J.K. Chilton; Pt. W. Crowe; Pt. Manning; Mt. Watts; Cpt. Ms. Blackwell, D e f e n d a n ts . _____________________________________ ) ) ) ) ) ) ) ) ) ) C/A No. 1:10-1160-JFA-SVH

ORDER

T h e pro se plaintiff, John Ray Dowdle, brings this action pursuant 42 U.S.C. § 1983. P l a in tif f is an inmate with the South Carolina Department of Corrections. He alleges that d e f en d a n t Chilton verbally abused him, and that the other defendants failed to intervene on p la in tif f 's behalf. The Magistrate Judge assigned to this action 1 has prepared a Report and R e c o m m e n d a tio n and suggests that the complaint should be dismissed for failure to state a c la im . Specifically, the Magistrate Judge opines that verbal abuse of a prisoner is not

a c tio n a b le under § 1983. The Report sets forth in detail the relevant facts and standards of la w on this matter, and the court incorporates such without a recitation. The plaintiff was advised of his right to file objections to the Report and R e c o m m e n d a tio n , which was entered on the docket on May 25, 2010. However, the plaintiff

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The Magistrate Judge's review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with the court. Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation 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 to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b)(1).

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d id not file any objections to the Report within the time limits prescribed. After a careful review of the record, the applicable law, and the Report and R e c o m m e n d a tio n , the court finds the Magistrate Judge's recommendation proper and in c o rp o ra te d herein by reference. Accordingly, this action is dismissed without prejudice and w ith o u t issuance and service of process. T h is court also agrees with the Magistrate Judge's recommendation that because the c o m p la in t in this case is frivolous, it should be deemed a strike for purposes of the "three s t ri k e s " rule of 28 U.S.C. § 1915(g). IT IS SO ORDERED.

J u n e 17, 2010 C o lu m b ia , South Carolina

J o s e p h F. Anderson, Jr. U n ite d States District Judge

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