Norris v. Bianca

Filing 14

ORDER RULING ON REPORT AND RECOMMENDATIONS. The court finds the Magistrate Judge's recommendation to be proper and incorporates the Report 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 10/22/2010. (mcot, )

U N I T E D STATES DISTRICT COURT D IS T R IC T OF SOUTH CAROLINA

G a rro n L. Norris,

) ) P l a in tif f , ) v. ) ) D o c to r Salvatore Bianca, ) ) D e f e n d a n t. ) _________________________________ )

C /A No. 1:10-1667-JFA-SVH

ORDER

T h e pro se plaintiff, Garron L. Norris, brings this action pursuant to 42 U.S.C. § 1983. H e was a detainee at the Cherokee County Detention Center at the time this action was filed. T h e plaintiff alleges that the defendant violated his civil rights when the defendant physician a lle g e d refused to provide plaintiff with prescription medications. T h e Magistrate Judge assigned to this action 1 has prepared a thorough Report and R e c o m m e n d a tio n and opines that the complaint should be dismissed as duplicative of other p e n d in g law suits in this court. The Report sets forth in detail the relevant facts and s ta n d a rd s of law on this matter, and the court incorporates such without a recitation. The parties were advised of their 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 August 30, 2010. Neither party has
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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f ile d objections and the time limit to do so has expired. T h e Magistrate Judge suggests that the present action is duplicative of issues currently b e in g litigated in this court in Civil Action No. 1:10-1338-JFA-SVH. The court agrees with th e Magistrate Judge that allowing two separate, essentially identical lawsuits filed by the s a m e individual against the same defendant does not promote judicial efficiency and e c o n o m y. 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 to be proper and in c o rp o ra te s the Report herein by reference. Accordingly, this action is dismissed without p r e ju d ic e and without issuance and service of process. IT IS SO ORDERED.

O ctob er 22, 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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