Ward v. English et al

Filing 12

ORDER adopting 10 Report and Recommendation and dismissing Plaintiff's complaint without prejudice and with leave for Plaintiff to file an amended complaint within 28 days of this court's order, and after such time, the dismissal becomes with prejudice. Signed by Honorable Henry M Herlong, Jr on 8/17/2017. (mwal)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION Lucas Lee Ward, #1295061, Plaintiff, vs. Detective Daniel English; Detective Mellete; Officer M. Anderson; Officer Trent; Judge Molony; Solicitor Scarlett Wilson; Solicitor Alexander J. Ziegler; Channel 5 News; and Benjamin C. Lewis, Assistant Public Defender, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) C.A. No. 2:17-1795-HMH-SVH OPINION & ORDER This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Shiva V. Hodges, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. The magistrate judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation to which specific objection is made, and the court may accept, reject, or modify, in whole or in part, the recommendation of the magistrate judge or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1) (2006). The parties filed no objections to the Report and Recommendation. In the absence of objections to the magistrate judge’s Report and Recommendation, this court is not required to 1 give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). The court must “only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Hodges’ Report and Recommendation and incorporates it herein. It is therefore ORDERED that the complaint is dismissed without issuance and service of process. It is further ORDERED that the dismissal is without prejudice to Plaintiff’s right to file an amended complaint within 28 days of this court’s order, and after such time, the dismissal becomes with prejudice. IT IS SO ORDERED. s/Henry M. Herlong, Jr. Senior United States District Judge Greenville, South Carolina August 17, 2017 NOTICE OF RIGHT TO APPEAL The Plaintiff is hereby notified that he has the right to appeal this order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. 2

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