Lucas v. Ruth et al

Filing 19

ORDER RULING ON REPORT AND RECOMMENDATION. IT IS HEREBY ORDERED that the Magistrate Judge's Report 13 is ACCEPTED; plaintiff's objections 15 are OVERRULED, and the complaint 1 and the amended complaint (Doc. # 1-5) in the above-captioned case are DISMISSED without prejudice and without issuance and service of process. Signed by Honorable Terry L Wooten on 5/13/2011. (mcot, )

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

Tyrone Lucas,

)
)
Plaintiff,
)
)
vs.
)
)
Lieutenant Cynthia M. Ruth; Jon Ozmint, )
Director of the South Carolina
)
Department of Corrections; Gregory
)
Knowlin, Warden of Turbeville
)
Correctional Institution; Angela Brown,
)
Disciplinary Hearing Officer,
)
)
Defendants. )
____________________________________)

C/A No.: 1:10-2465-TLW-SVH

ORDER

The Plaintiff has brought this pro se action against the Defendants under Title 42, United
States Code, Section 1983. This matter is now before the undersigned for review of the Report and
Recommendation (“the Report”) filed by United States Magistrate 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.). In her Report, Magistrate Judge Hodges recommends that the complaint (Doc. # 1) and
the amended complaint (Doc. # 1-5) in the above-captioned case be dismissed without prejudice and
without issuance of service of process. (Doc. # 13). The plaintiff has filed objections to the Report.
(Doc. # 15).
In conducting this review, the Court applies the following standard:
The magistrate judge makes only a recommendation to the Court, to which any party
may file written objections. . . . The Court is not bound by the recommendation of the
magistrate judge but, instead, retains responsibility for the final determination. The
Court is required to make a de novo determination of those portions of the report or
specified findings or recommendation as to which an objection is made. However,
1

the Court is not required to review, under a de novo or any other standard, the factual
or legal conclusions of the magistrate judge as to those portions of the Report and
Recommendation to which no objections are addressed. While the level of scrutiny
entailed by the Court's review of the Report thus depends on whether or not
objections have been filed, in either case, the Court is free, after review, to accept,
reject, or modify any of the magistrate judge's findings or recommendations.
Wallace v. Housing Auth. of the City of Columbia, 791 F.Supp. 137, 138 (D.S.C. 1992) (citations
omitted).
In light of this standard, the Court has reviewed, de novo, the Report and the objections
thereto. The Court accepts the Report.
THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge’s Report is
ACCEPTED (Doc. # 13); plaintiff’s objections are OVERRULED (Doc. # 15); and the complaint
(Doc. # 1) and the amended complaint (Doc. # 1-5) in the above-captioned case are DISMISSED
without prejudice and without issuance of service of process.
IT IS SO ORDERED.

s/ Terry L. Wooten
TERRY L. WOOTEN
UNITED STATES DISTRICT JUDGE

May 13, 2011
Florence, South Carolina

2