Holcomb v. Wickensimer et al

Filing 13

ORDER adopting 10 Report and Recommendation. The Complaint is dismissed without prejudice and without issuance and service of process. Signed by Honorable Mary Geiger Lewis on 10/20/2015. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
RABBI DEAN ALTON HOLCOMB,
Plaintiff,

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vs.
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PAUL B. WICKENSIMER; GREENVILLE
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COUNTY; GREENVILLE COUNTY CLERK §
OF COURT; and JUDGE LETITIA H.
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VERDIN,
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Defendants.
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CIVIL ACTION NO. 1:15-cv-03511-MGL

ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THE COMPLAINT WITHOUT PREJUDICE
AND WITHOUT ISSUANCE AND SERVICE OF PROCESS
This case was filed as a 42 U.S.C. § 1983 action. Plaintiff is proceeding pro se. The matter
is before the Court for review of the Report and Recommendation (Report) of the United States
Magistrate Judge suggesting that the Complaint be dismissed without prejudice and without issuance
and service of process. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil
Rule 73.02 for the District of South Carolina.
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 the Court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report 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. 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed the Report on September 10, 2015, and the Clerk of Court entered
Plaintiff’s objections to the Report on September 28, 2015. The Court has reviewed the objections,
but finds them to be without merit. Therefore, it will enter judgment accordingly.
In Plaintiff’s objections, he fails to make any specific objections to the Report. Instead, he
merely states that he hopes to prepare an amended suit. Plaintiff represents his intent to mail an
amended complaint by September 28, 2015; however, as of the date of this Order, the Court has yet
to receive any additional filings from Plaintiff. As Plaintiff neglected to file a motion to amend his
Complaint, the Court will overrule Plaintiff’s objections.
After a thorough review of the Report and the record in this case pursuant to the standard set
forth above, the Court overrules Plaintiff’s objections, adopts the Report, and incorporates it herein.
Therefore, it is the judgment of this Court that the Complaint is DISMISSED WITHOUT
PREJUDICE and without issuance and service of process.
IT IS SO ORDERED.
Signed this 20th day of October, 2015, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within 30 days from the date
hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.
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