McCall v. Bodiford et al
ORDER accepting 118 Report and Recommendation of Magistrate Judge Mary Gordon Baker; granting 90 Motion to Dismiss for Lack of Jurisdiction. Plaintiff's claims against Defendant McConnell are hereby DISMISSED. Signed by Chief Judge Terry L Wooten on 3/9/2017.(ssam, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Terry Edward McCall,
C/A No. 2:15-cv-01011-TLW
David E McAlhaney, Sgt. McConnell, and
Plaintiff Terry Edward McCall, proceeding pro se and in forma pauperis, filed this action
alleging violations of his constitutional rights pursuant to 42 U.S.C. § 1983. ECF No. 1. The
Plaintiff filed an Amended Complaint with leave of the court on October 9, 2015. ECF No. 29.
The matter now comes before this Court for review of a Report and Recommendation (R&R) filed
by Magistrate Judge Baker, ECF No. 118, to whom this case was assigned pursuant to the
provisions of 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2), DSC. In the R&R, the
Magistrate Judge recommends that the Court dismiss Plaintiff’s claims against Defendant
McConnell. ECF No. 118. Objections to the R&R were due on January 31, 2017, and Plaintiff
has not filed objections.
This Court is charged with conducting a de novo review of any portion of the Magistrate
Judge’s R&R to which a specific objection is registered, and may accept, reject, or modify, in
whole or in part, the recommendations contained in that R&R. 28 U.S.C. § 636. In the absence
of objections to the R&R, this Court is not required to give any explanation for adopting the
recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
This Court carefully reviewed the R&R in this case. Noting that Plaintiff filed no
objections, the R&R, ECF No. 118, is hereby ACCEPTED. Therefore, for the reasons articulated
by the Magistrate Judge in the R&R, Plaintiff’s claims against Defendant McConnell are hereby
IT IS SO ORDERED.
s/Terry L. Wooten
Chief United States District Judge
March 9, 2017
Columbia, South Carolina
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