Martin v. Jones et al

Filing 17

ORDER adopting Report and Recommendations. It is therefore ORDERED that Plaintiffs Complaint is summarily DISMISSED without prejudice and without issuance and service of process. Signed by Honorable Timothy M Cain on 6/30/2014.(cwhi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Alfred Donnie Martin, Jr.,
Plaintiff,
vs.
Pvt. Jones; Major Sharon Sutton; and
Inmate Richard M. Kough,
Defendants.

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Civil Action No. 2:14-1970-TMC

ORDER

Plaintiff, a state prisoner proceeding pro se, filed this action pursuant to 42 U.S.C. §
1983. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter
was referred to a magistrate judge for pretrial handling. Before the court is the magistrate
judge’s Report and Recommendation (“Report”), recommending that Plaintiff’s Complaint be
dismissed without prejudice and without issuance and service of process.

(ECF No. 10).

Plaintiff was advised of his right to file objections to the Report. (ECF No. 10 at 9). Plaintiff
timely filed objections. (ECF Nos. 12 and 15).
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). The court need not conduct a de novo review when a party makes only “general and
conclusory objections that do not direct the court to a specific error in the magistrate’s proposed
findings and recommendations.” Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). In that
case, the court reviews the Report only for clear error. See Diamond v. Colonial Life & Accident
Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).

As set forth above, Plaintiff filed timely objections to the Report. (ECF Nos. 12 and 15).
However, his objections fail to address any specific, dispositive portion of the Report. The
objections are non-specific, unrelated to the dispositive portions of the Report or merely restate
Plaintiff’s claims. The court has thoroughly reviewed the Report and Plaintiff’s objections and
finds no reason to deviate from the Report’s recommended disposition.
Accordingly, the court adopts the Magistrate Judge's Report (ECF No. 10) and
incorporates it herein. It is therefore ORDERED that Plaintiff’s Complaint is summarily
DISMISSED without prejudice and without issuance and service of process.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
June 30, 2014
Anderson, South Carolina

NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4
of the Federal Rules of Appellate Procedure.