Mikell v. Turner

Filing 13

ORDER RULING ON 10 REPORT AND RECOMMENDATION It is hereby ordered that the Complaint be summarily dismissed without prejudice and without issuance and service of process upon the defendant. Signed by Honorable Patrick Michael Duffy on 06/16/2015. (egra, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Zachary Lamar Mikell, #1278732,
Plaintiff,
vs.
Detective Cheryl Turner, #1501,
Defendant.

) C.A. 2:15-2124-PMD
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ORDER
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The above-captioned case is before this court upon the magistrate judge's recommendation
that the case be dismissed. Because plaintiff is pro se, this matter was referred to the magistrate
judge.1
This Court is charged with conducting a de novo review of any portion of the magistrate
judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole
or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1). However, absent
prompt objection by a dissatisfied party, it appears that Congress did not intend for the district court
to review the factual and legal conclusions of the magistrate judge. Thomas v Arn, 474 U.S. 140
(1985). Additionally, any party who fails to file timely, written objections to the magistrate judge's
report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those objections at the appellate
court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).2 No objections have been filed

1

Pursuant to the provisions of Local Rule 73.02(B)(2) D.S.C., the magistrate judge is
authorized to review pretrial matters and submit findings and recommendations to this Court.
2

In Wright v. Collins, 766 F.2d 841 (4th Cir. 1985), the court held "that a pro se litigant must
receive fair notification of the consequences of failure to object to a magistrate judge's report
before such a procedural default will result in waiver of the right to appeal. The notice must be
'sufficiently understandable to one in appellant's circumstances fairly to appraise him of what is

to the magistrate judge's report.
A review of the record indicates that the magistrate judge's report accurately summarizes this
case and the applicable law. For the reasons articulated by the magistrate judge, it is hereby
ordered that the Complaint in the above-captioned case be summarily dismissed without prejudice
and without issuance and service of process upon the defendant.
ORDERED, that the magistrate judge’s report and recommendation is adopted as the order
of this Court.
AND IT IS SO ORDERED.

June 16, 2015
Charleston, South Carolina

required.'" Id. at 846. Plaintiff was advised in a clear manner that his objections had to be filed
within ten (10) days, and he received notice of the consequences at the appellate level of his
failure to object to the magistrate judge's report.
2