Randolph v. Dozier et al
Filing
42
ORDER declining to adopt 39 Report and Recommendation and recommitting the matter to the Magistrate Judge for further handling. Magistrate Judge Shiva V Hodges added. Signed by Honorable Timothy M Cain on 6/26/2017. (mwal)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Robert Lee Randolph, Jr.
Plaintiff,
v.
Vernetta Dozier and Harold Young,
Defendants.
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C/A No. 1:16-2953-TMC
ORDER
Plaintiff Robert Lee Randolph, Jr., an inmate proceeding pro se, filed this action pursuant
to 42 U.S.C. § 1983.1 Before the court is the Magistrate Judge’s Report and Recommendation
(“Report”), recommending that the court dismiss Plaintiff’s action with prejudice for failure to
prosecute. (ECF No. 39). Plaintiff timely filed objections to the Report. (ECF No. 41). In his
objections, Plaintiff also states he objects to the pending summary judgment motion for several
reasons (ECF No. 31).
After a thorough review of the Report and the record in this case, and as it appears that
Plaintiff wishes to proceed with this action, the court declines to adopt the Magistrate Judge’s
Report and recommits the matter to the Magistrate Judge for further handling.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
June 26, 2017
Anderson, South Carolina
lIn accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02, DSC, this matter was
initially referred to a magistrate judge.
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