Rutherford v. Union County Jail et al

Filing 16

ORDER adopting 9 Report and Recommendations. Defendant Union County Jail isdismissed without prejudice and without service of process. Signed by Honorable Joseph F Anderson, Jr on 12/12/11.(hhil, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

John Rutherford,

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Plaintiff,
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v.
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Union County Jail; Administrator
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Robert Hines; Assoc. Administrator D. Harney; )
Sergeant Belinda; Officer Dell; Officer Eves, )
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Defendants.
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____________________________________
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C/A No. 2:11-3139-JFA-BHH

ORDER

The pro se plaintiff, John Rutherford, brings this action pursuant to 42 U.S.C. § 1983
claiming violations of his civil rights by the defendants.
The Magistrate Judge assigned to this action 1 has prepared a Report and
Recommendation wherein she suggests that this court should summarily dismiss defendant
Union County Jail because it is not a “person” amenable to suit under § 1983. The Report
sets forth in detail the relevant facts and standards of law on this matter, and the court
incorporates such without a recitation and without a hearing.
The plaintiff was advised of his right to file objections to the Report and
Recommendation, but has failed to do so. In the absence of specific objections to the Report
of the Magistrate Judge, this court is not required to give any explanation for adopting the

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The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule
73.02. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive
weight, and the responsibility to make a final determination remains with the court. Mathews v. Weber, 423 U.S. 261
(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 to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1).

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recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
After a careful review of the record, the applicable law, and the Report and
Recommendation, the court finds the Magistrate Judge’s recommendation to be proper and
incorporates the Report herein by reference. Accordingly, defendant Union County Jail is
dismissed without prejudice and without service of process. The Clerk shall return this file
to the Magistrate Judge who has authorized service of process upon the remaining individual
defendants.
IT IS SO ORDERED.

December 12, 2011
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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