McDaniels v. United States of America

Filing 33

ORDER ACCEPTING 29 REPORT AND RECOMMENDATION and dismissing the complaint without prejudice and without issuance and service of process. Signed by Honorable Terry L Wooten on 3/22/2012. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Kevin Wayne McDaniels,
Plaintiff,
vs.
United States of America,
Defendant.
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Civil Action No. 1:11-3128-TLW-SVH

ORDER
Plaintiff Kevin Wayne McDaniels (“Plaintiff”), proceeding pro se and in forma pauperis,
brings this civil action pursuant to 42 U.S.C. § 1983. (Doc. # 1).
The matter now comes before this Court for review of the Report and Recommendation
(“the Report”) filed by Magistrate Judge Shiva V. Hodges to whom this case had previously been
assigned.

In the Report, the Magistrate Judge recommends that Plaintiff’s complaint be

dismissed without prejudice and without issuance and service of process pursuant to 28 U.S.C. §
1915(e)(2)(B)(i) and (ii). (Doc. # 29). Objections were due on March 15, 2012. Plaintiff has
filed no objections to the Report.
This Court is charged with conducting a de novo review of any portion of the Magistrate
Judge’s Report and Recommendation 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. 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 recommendation. See Camby
v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

The Court has carefully reviewed the Magistrate Judge’s Report and Recommendation.
For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate
Judge’s Report and Recommendation is ACCEPTED. (Doc. # 29). The complaint is therefore
DISMISSED without prejudice and without issuance and service of process.
IT IS SO ORDERED.

March 22, 2012
Florence, South Carolina

__s/Terry L. Wooten______
United States District Judge