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, )

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,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. ) Case No 2: 17-cv-76-RMG ) ) ) ) ) ) ) ) ) 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. -1- AND IT IS SO ORDERED. 2, March 2017 Charleston, South Carolina -2-

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