Garner v. Supreme Court of the United States, The et al
Filing
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ORDER accepting 15 Report and Recommendation of Magistrate Judge Wallace W Dixon. This action is DISMISSED without prejudice and without issuance and service of process. Signed by Chief Judge Terry L Wooten on 11/6/2014.(ssam, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
David Lee Garner,
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Plaintiff,
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vs.
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The Supreme Court of the United States;
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The United States Department of Justice;
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The United States District Court of
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Washington DC; The FBI Director of FBI )
Headquarters, Washington, DC; The
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Director of the Federal Bureau of Prisons )
Wash DC; President Barack Obama;
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Former President George Bush, Sr; Former )
President George Bush, Jr; Former Vice
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President Dick Cheney; U.S. Secretary of )
State John Kerry; Former U.S. Secretary
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of State Hilary Clinton; Presiding U.S.
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Speaker of the House Nancy Pelosi; and
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U.S. Chief of Staff Rahm Emanuel,
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Defendants.
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___________________________________ )
Case No. 2:14-cv-02243-TLW
ORDER
Plaintiff David Lee Garner, proceeding pro se and in forma pauperis, is a federal prisoner
at the United States Penitentiary in Lewisburg, Pennsylvania. Plaintiff filed this action against
various federal agencies and current and former federal officials on June 10, 2014. (Doc. #1).
Plaintiff filed a supplemental “Criminal Statement Brief” on July 10, 2014. (Doc. #10). This
matter is now before the Court for review of the Report and Recommendation (“the Report”)
filed by United States Magistrate Judge Wallace W. Dixon, to whom this case was assigned
pursuant to 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02(B)(2), (D.S.C.). In the Report, the
Magistrate Judge recommends that this Court dismiss this action without prejudice and without
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issuance and service of process. (Doc. #15). Plaintiff filed timely objections on August 29,
2014. (Doc. #17). Plaintiff filed an additional Declaration on November 5, 2014. (Doc. #19).
This matter is now ripe for disposition.
In conducting this review, the Court applies the following standard:
The magistrate judge makes only a recommendation to the Court, to which any
party may file written objections . . . . The Court is not bound by the
recommendation of the magistrate judge but, instead, retains responsibility for the
final determination. The Court is required to make a de novo determination of
those portions of the report or specified findings or recommendation as to which
an objection is made. However, the Court is not required to review, under a de
novo or any other standard, the factual or legal conclusions of the magistrate
judge as to those portions of the report and recommendation to which no
objections are addressed. While the level of scrutiny entailed by the Court’s
review of the Report thus depends on whether or not objections have been filed,
in either case, the Court is free, after review, to accept, reject, or modify any of
the magistrate judge’s findings or recommendations.
Wallace v. Housing Auth. of the City of Columbia, 791 F. Supp. 137, 138 (D.S.C. 1992)
(citations omitted).
The Court has carefully reviewed the Report, Plaintiff’s objections thereto, and Plaintiff’s
Declaration in accordance with this standard, and it concludes that the Magistrate Judge
accurately summarizes the case and the applicable law. Accordingly, it is hereby ORDERED
that the Report and Recommendation is ACCEPTED (Doc. #15), and Plaintiffs’s objections
thereto are OVERRULED (Doc. #17). For the reasons articulated by the Magistrate Judge, this
action is DISMISSED without prejudice and without issuance and service of process.
IT IS SO ORDERED.
s/ Terry L. Wooten
Terry L. Wooten
Chief United States District Judge
November 6, 2014
Columbia, South Carolina
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