Henderson v. Colleton County Fourteenth Circuit Solicitors Office et al
Filing
13
ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant and hereby dismisses this action without prejudice and without issuance and service of process. Signed by Honorable Richard M Gergel on 9/24/2014.(cwhi, )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Raheem Jamal Henderson,
Plaintiff,
vs.
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)
)
)
)
Civil Action No. 2: 14-2790-RMG
)
Colleton County Fourteenth Circuit
Solicitor's Office; Assistant Solicitor
Mr. Ricky Evans,
Defendants.
)
ORDER
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)
)
This matter comes before the Court on a Report and Recommendation ("R & R") from
the Magistrate Judge recommending that this action be dismissed without prejudice and without
issuance and service of process because of "the clear failure in the pleading to allege facts which
set forth a claim cognizable in a federal district court." (Dkt. No.9 at 2). Plaintiff was advised
that any written objections to the R & R must be made within 14 days of the service of the R &
R. (Id at 7). Plaintiff was further advised that in the absence of timely written objections this
Court would provide limited "clear error" review and Plaintiff would waive his right to appeal
the judgment of the District Court. (ld.). No timely written objections were made.
The Court has reviewed the R & R, the pleading in this matter and the relevant legal
authorities. The Court finds that the Magistrate Judge ably and properly summarized the factual
and legal issues and appropriately recommended that the action should be dismissed because the
clear failure to state a claim upon which relief could be granted in federal court. These findings
and recommendations were made even after due consideration by the Magistrate Judge that
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Plaintiff is self-representing and is entitled to a liberal standard for the review of his pleading.
(Id at 2). Therefore, the Court adopts the R & R as the order of this Court and hereby dismisses
this action without prejudice and without issuance and service of process.
AND IT IS SO ORDERED.
ruc0.:~w
United States District Court
Charleston, South Carolina
September)t(,2014
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