Scott v. South Carolina, State of et al

Filing 12

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. Plaintiffs motion for an emergency temporary restraining order and preliminary injunction (Dkt. No.1) is DENIED. Signed by Honorable Richard M Gergel on 3/3/2017.(cwhi, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Hazel Elizabeth Scott,
Plaintiff,

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Case No 2: 17-cv-00368-RMG

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State of South Carolina, State Department
of Health and Environmental Control,
and All Persons Acting on Its Behalf,
Defendants.

ORDER AND OPINION

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Plaintiff, Hazel Elizabeth Scott, proceeding pro se and in forma pauperis, filed a motion for
an emergency temporary restraining order (TRO) and preliminary injunction on February 7,
2017. (Dkt. No. I.) Plaintiff alleges that a piece of land in Ravenel, South Carolina has been
contaminated by hazardous chemicals that leaked out from underground storage tanks on an
adjacent parcel of land. This matter is before the Court on the Report and Recommendation ("R.
& R.") of the Magistrate Judge to deny Plaintiffs motion for a TRO and preliminary injunction.

(Dkt. No. 10.)
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 factual and legal conclusions of the Magistrate 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. Plaintiff has not met the requirements to obtain a preliminary
injunction under Federal Rule of Civil Procedure 65(a) or a temporary restraining order under
Rule 65(b). Accordingly, this Court adopts the Magistrate's R. & R. (Dkt. No. 10) as the Order

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of this Court. Plaintiffs motion for an emergency temporary restraining order and preliminary
injunction (Dkt. No.1) is DENIED.

AND IT IS SO ORDERED.

United States District Court Judge
March 3 2017
Charleston, South Carolina

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