Abdullah-Malik v. Bryant et al

Filing 109

ORDER ADOPTING 79 REPORT AND RECOMMENDATION. It is ordered that Plaintiff's second amended complaint is dismissed without prejudice and without service of process as to Defendants All Listed and Unknown Agents; Cuzman; Guidery; Hicks; Dover; JT Strait; Penland; Robinson; Yochem; McMahan; Reynolds; Plemmons; MA Gurdry; York County Sheriff's Office; York County Detention Center; and McMillian. Signed by Honorable R Bryan Harwell on 9/25/2014. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Akeem Alim-Nafis Abdullah-Malik, )
)
Plaintiff,
)
)
v.
)
)
Bruce M. Bryant, Sheriff; James F. )
Arwood, Jail Administrator; Richard )
L. Martin, Jr., Assistant Jail
)
Administrator; Gary L. Davis,
)
Security Commander; All Listed and )
Unknown Agents; Cheryl Cuzman, )
Administrative Lieutenant; Randy )
Guidery, Classification/ICE 287g; )
John C. Hicks, Internal Affairs;
)
Tammy M. Dover, RN Medical
)
Services Coordinator; Sandie
)
Stervul, Dietitian Trinity Food
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Services Oldsmar, Florida
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Contracted thru York County
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Detention Facility; JT Strait,
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Detention Officer Sergeant; Penland, )
Detention Officer; Robinson,
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Detention Officer; Yochem,
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Detention Officer; McMahan,
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Detention Officer; Reynolds,
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Detention Officer; Wendy
)
Plemmons; MA Gurdy; York County )
Sheriff’s Office; York County
)
Detention Center; and Sgt.
)
McMillian,
)
)
Defendants.
)
)

Civil Action No.: 1:14-cv-109-RBH

ORDER

Plaintiff Akeem Alim-Nafis Abdullah-Malik (“Plaintiff”), proceeding pro se, filed this
action pursuant to 42 U.S.C. § 1983 against the above named Defendants on January 14, 2014. See
Compl., ECF No. 1. The matter is before the Court for review of the Report and Recommendation
(“R & R”) of United States Magistrate Judge Shiva V. Hodges, made in accordance with 28 U.S.C.

§ 636(b)(1)(B) and Local Rule 73.02 for the District of South Carolina. See R & R, ECF No. 79. In
the Report and Recommendation, the Magistrate Judge recommends the Court dismiss the second
amended complaint without prejudice and without service of process with regard to the following
Defendants: All Listed and Unknown Agents; Cuzman; Guidery; Hicks; Dover; JT Strait; Penland;
Robinson; Yochem; McMahan; Reynolds; Plemmons; MA Gurdry; York County Sheriff’s Office;
York County Detention Center; and McMillian. See id. at 11.
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight. The responsibility to make a final determination remains with this
Court. See Mathews v. Weber, 423 U.S. 261, 270–71 (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 with instructions. See 28 U.S.C.
§ 636(b)(1).
No party has filed objections to the Report and Recommendation.

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 recommendations. See Camby v. Davis, 718 F.2d 198, 199
(4th Cir. 1983). The Court reviews only for clear error in the absence of an objection. See
Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310 (4th Cir. 2005) (stating that “in the
absence of a timely filed objection, a district court need not conduct de novo review, but instead
must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation’”) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough review of the record in this case, the Court finds no clear error.
Accordingly, the Report and Recommendation of the Magistrate Judge is adopted and incorporated

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by reference.

Therefore, it is ORDERED that Plaintiff’s second amended complaint is

DISMISSED without prejudice and without service of process as to Defendants All Listed and
Unknown Agents; Cuzman; Guidery; Hicks; Dover; JT Strait; Penland; Robinson; Yochem;
McMahan; Reynolds; Plemmons; MA Gurdry; York County Sheriff’s Office; York County
Detention Center; and McMillian.
IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Florence, South Carolina
September 25, 2014

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