Bey v. Ziegler et al

Filing 14

ORDER AND OPINION adopting 12 Report and Recommendation of Magistrate Judge Mary Gordon Baker. Plaintiff's Complaint (Dkt. No. 1 ) is DISMISSED without prejudice and without service of process. Signed by Honorable Richard M Gergel on 3/7/2017.(ssam, )

,RECEIVED

USDC ClERK. CHARLESTON.SC
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA2011 MAR -8 AM
11
CHARLESTON DIVISION

ro:

Demeian Pinckney Bey,
Plaintiff,
v.
Alma White, et aI.,
Defendants.

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Case No 2: 17-cv-76-RMG

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ORDER AND OPINION

Plaintiff, Demeian Pinckney Bey, proceeding pro se and in forma pauperis, filed this civil
action under 42 U.S.C. § 1983 in January 2017. (Dkt. No. 1.) Plaintiff, claiming to be part ofa
"Moorish National Republic," alleges that Defendants violated his due process rights. (ld.) This
matter is before the Court on the Report and Recommendation ("R. & R.") of the Magistrate
Judge to summarily dismiss the Complaint without prejudice and without service of process.
(Dkt. No. 12.)
No objections to the R. & R. have been filed. While this Court will conduct a de novo review
of any portion of the R. & R. to which a specific objection is made, it appears Congress did not
intend for the district court to review the Magistrate's factual and legal conclusions absent
objection by any party. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985). This Court's
review of the record indicates that the R. & R. accurately analyzes the facts of this case and the
applicable law. Accordingly, this Court adopts the Magistrate's R. & R. (Dkt. No. 12) as the
Order of this Court. Plaintiffs Complaint (Dkt. No.1) is DISMISSED without prejudice and
without service of process.

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AND IT IS SO ORDERED.

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March
2017
Charleston, South Carolina

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