Beeson v. South Carolina, State of

Filing 9

ORDER RULING ON REPORT AND RECOMMENDATION ADOPTING 7 Report and Recommendation of Magistrate Judge Bristow Marchant, dismissing this case without prejudice. Signed by Honorable Richard M Gergel on 8/12/2016. (sshe, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA US
Henry Beeson,
Plaintiff,
v.
The State of South Carolina,
Defendant.

)
)
)
)
)
)
)
)
)

No:

,r;:

2:16-cv-lllj!~8 12 A

IQ: llS

ORDER

---------------------------)
This matter comes before the Court on the Report and Recommendation ("R & R") of the
Magistrate Judge recommending that the summarily dismiss this case without prejudice. (Dkt.
No.7). For the reasons set forth below, the Court ADOPTS the R & R.
Plaintiff brought this pro se action against Defendant, purporting to allege 28 claims for
relief. The Magistrate Judge directed the Clerk not to authorize service (Dkt. No.6), and
subsequently issued an R & R recommending that this Court dismiss the complaint without
prejudice because Plaintiff s allegations "are so generally incomprehensible and filled with what
could only be considered by a reasonable person as unconnected, conclusory, and unsupported
comments or 'gibberish.'" (Dkt. No.7 at 3). Plaintiff has not filed any objections to the R & R.
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight, and the responsibility for making a final determination remains with
this Court. Mathews v. Weber, 423 U.S. 261, 270-71 (1976). This Court is charged with making
a de novo determination ofthose portions of the R & R to which specific objection is made.
Additionally, the Court may "accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). Where the plaintiff
fails to file any specific objections, the Magistrate Judge's conclusions are reviewed only for

clear error, see Diamondv. Colonial Life & Accident Insurance Co., 416 F.3d 310,315 (4th Cir.
2005), and this Court is not required to give any explanation for adopting the recommendation of
the Magistrate Judge, Camby v. Davis, 718 F.2d 198 (4th Cir. 1983).
The Court, having reviewed the complaint and R & R and finding no clear error, agrees
with and adopts the R & R as the order of the Court. The Court therefore DISMISSES the case
without prejudice.

AND IT IS SO ORDERED.

Richard M.

United States District Court Judge

August)
2016
Charleston, South Carolina

2