Langston v. Georgetown City Police Department et al

Filing 20

ORDER adopting 14 Report and Recommendation of Magistrate Judge Mary Gordon Baker. The Court dismisses the Georgetown City Police Department and Paul Gardner without prejudice and without issuance and service of process. Signed by Honorable Richard M Gergel on 2/9/2015.(ssam, )

IN THE UNITED STATES DISTRlCT COURT

FOR THE DISTRlCT OF SOUTH CAROLINA

Johnny Wayne Langston,
Plaintiff,

v.
Georgetown City Police Department,
Chief Paul Gardner, and Ofc. Bert
Adams,
Defendants.

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Civil Action No.2: 14-4536-RMG

ORDER

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This matter is before the Court on the Report and Recommendation ("R&R") of the
Magistrate Judge (Dkt. No. 14) recommending that this Court dismiss Defendants Georgetown
City Police Department and Chief Paul Gardner without service of process. Plaintiff was advised
that he could file written objections to the R & R within 14 days of the receipt of the R & R and
a failure to timely file objections would entitle Plaintiff to limited review by the District Court
and waiver of the right to appellate review. (Dkt. No. 14 at 6). Plaintiff filed no timely objection
to the R& R.
The Court has reviewed the R&R, the full administrative record in this matter and the
relevant legal authorities. The Court finds that the Magistrate Judge ably and promptly
summarized the factual and legal issues and appropriately determined that the two Defendants at
issue are not appropriately named under 42 U.S.C. § 1983. Therefore, the Court hereby adopts
the R&R as the order of this Court and dismisses the Georgetown City Police Department and
Paul Gardner without prejudice and without issuance and service of process. Service of process
against the remaining defendant, Officer Bert Adams, has been authorized in a separately
docketed order.

AND IT IS SO ORDERED.

United States District Court Judge

-.:L,

2015
February
Charleston, South Carolina

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