McCray v. Berkeley County Detention Center et al

Filing 27

ORDER RULING ON REPORT AND RECOMMENDATIONS. It is hereby ORDERED that the Magistrate Judge's Report is ACCEPTED and the defendants Berkeley County Detention Center and Hill Finklea Detention Center are DISMISSED from this action without prejudice and without issuance and service of process. Signed by Honorable Terry L Wooten on 10/21/2010. (mcot, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION

) ) Plaintiff, ) ) vs. ) ) Berkeley County Detention Center; Hill ) Finklea Detention Center; Capt. ) Macovough or McElvogue, ) ) Defendants. ) ____________________________________)

Ron Santa McCray,

C.A. No. 1:10-cv-1615-TLW-SVH

O RD ER

The pro se plaintiff filed this action pursuant to Title 42, United States Code, Section 1983 in June, 2010. (Doc. # 1). This matter is now before the undersigned for review of the Report and Recommendation ("the Report") filed by United States Magistrate Judge Shiva V. Hodges, to whom this case had previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). (Doc. # 14). In her Report, Magistrate Judge Hodges recommends that the defendants "Berkeley County Detention Center" and "Hill Finklea Detention Center" be dismissed from this action without prejudice and without issuance and service of process. The Report was filed on August 26, 2010. No objections to the Report have been filed. This Court is charged with conducting a de novo review of any portion of the Magistrate Judge's Report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636. No objections have been filed to the Report. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this Court is not required to give any explanation for adopting the 1

recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). A review of the record indicates that the Report accurately summarizes this case and the applicable law. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge's Report is ACCEPTED (Doc. # 14), and the defendants "Berkeley County Detention Center" and "Hill Finklea Detention Center" are DISMISSED from this action without prejudice and without issuance and service of process. IT IS SO ORDERED. s/ Terry L. Wooten TERRY L. WOOTEN UNITED STATES DISTRICT JUDGE

October 21, 2010 Florence, South Carolina

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