Williams v. Harvill

Filing 20

ORDER RULING ON REPORT AND RECOMMENDATION for 16 Report and Recommendation: The court adopts the Report and Recommendation of the Magistrate Judge and incorporates it herein by reference. Plaintiffs complaint is dismissed without prejudice pursuant to Fed. R. Civ. P. 41. Signed by Honorable Margaret B Seymour on 12/14/2017. (vdru, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Toratio Deval Williams,

)
) C/A No. 2:17-1939-MBS
Plaintiff,
)
)
vs.
)
)
ORDER AND OPINION
Ofc. Brittany Harvill,
)
)
Defendant.
)
____________________________________)
Plaintiff Toratio Deval Williams, proceeding pro se, filed the within action on July 21, 2017,
alleging that Defendant Ofc. Brittany Harvill violated his civil rights, in violation of 42 U.S.C. §
1983. In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02, D.S.C., this matter was referred
to United States Magistrate Judge Bristow Marchant for pretrial handling. On August 30, 2017,
Plaintiff filed a letter stating that “Due to me being homeless my a[d]dress changed. This is my
current address.” ECF No. 9. The Clerk of Court made note of Plaintiff’s new address as indicated
on the envelope containing Plaintiff’s letter.
On October 3, 2017, the Magistrate Judge issued an order directing Plaintiff to put his case
into proper form by (1) either paying the filing fee or completing an Application to Proceed Without
Prepayment of Fees and Affidavit (Form AO 240); (2) completing Form USM-285; and (3)
preparing an amended complaint. On October 24, 2017, the envelope containing Plaintiff’s copy of
the proper form order was returned to the Clerk of Court marked ‘RETURN TO SENDER UNABLE TO FORWARD.” ECF No. 14.
On October 25, 2017, the Magistrate Judge issued a Report and Recommendation in which
he noted that the court is without means to contact Plaintiff regarding his case. Accordingly, the

Magistrate Judge recommended that the action be dismissed without prejudice, pursuant to Fed. R.
Civ. P. 41. The envelope containing Plaintiff’s copy of the Report and Recommendation was
returned on November 2, 2017, marked “RETURN TO SENDER -INSUFFICIENT ADDRESS UNABLE TO FORWARD.” ECF No. 18.
The Magistrate Judge makes only a recommendation to this court. The recommendation has
no presumptive weight. The responsibility for making a final determination remains with this court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). This 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).
This court may also receive further evidence or recommit the matter to the Magistrate Judge with
instructions. Id.
The court has thoroughly reviewed the record and concurs in the recommendation of the
Magistrate Judge. The court adopts the Report and Recommendation and incorporates it herein by
reference. Plaintiff’s complaint is dismissed without prejudice pursuant to Fed. R. Civ. P. 41.
IT IS SO ORDERED.

/s/ Margaret B. Seymour
Senior United States District Judge
Columbia, South Carolina
December 14, 2017

2