Pickens v. United States Department of Justice et al

Filing 24

ORDER RULING ON REPORT AND RECOMMENDATIONS for 19 Report and Recommendations. Janice Galli McLeod and Kevin F. McDonald be summarily dismissed from case without prejudice and without service of process. Signed by Honorable R Bryan Harwell on 6/13/2011. (kric, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Matthew Thomas Pickens,
Plaintiff,
vs.
United States Department of Justice;
Federal Bureau of Investigation; Janice
Galli McLeod, Associate Director of the
USDOJ; Kevin F. McDonald, Assistant
U.S. Attorney;
Defendants.

C.A. No.: 2:11-cv-01168-RBH-JDA
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ORDER

Plaintiff, a state prisoner proceeding pro se, brought this suit seeking FBI reports
relating to his request for a criminal investigation. This matter is before the court for review of
the Report and Recommendation of United States Magistrate Judge Jacquelyn D. Austin, made
in accordance with 28 U.S.C. § 636(b)(1)(B) and Local 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
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).

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Neither party has objected to the Report and Recommendation. As a matter of fact,
Plaintiff concedes to and agrees with the Magistrate Judge’s Report and Recommendation. See
Obj. [Docket Entry 22] (“Plaintiff do hereby conceed [sic] to the Report and Recommendation
to dismiss the formention [sic] two defendants in the above-captioned case without prejudice
and without service of process.”). 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 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 finding no clear error on the face of the record, and in light of Plaintiff’s
concession, the Report and Recommendation of the Magistrate Judge is adopted and
incorporated by reference. Therefore, it is
ORDERED that Janice Galli McLeod and Kevin F. McDonald are summarily dismissed
as defendants in the above-captioned case without prejudice and without service of process.
IT IS SO ORDERED.
s/R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Florence, South Carolina
June 13, 2011

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