Adams v. Grant

Filing 15

ORDER AND OPINION adopting 13 Report and Recommendation of Magistrate Judge Mary Gordon Baker. The complaint is DISMISSED WITH PREJUDICE. Signed by Honorable Richard M Gergel on 12/6/2017.(ssam, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Naomi Adams,
Plaintiff,
v.
Patricia Grant, Colleton County
Clerk of Court,
Defendant.

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Civil Action No. 2: 17-2833-RMG

ORDER AND OPINION

This matter is before the Court on the Report and Recommendation of the Magistrate
Judge, recommending that the Court summarily dismiss the complaint without prejudice and
without service of process. Plaintiff filed a complaint under 42 U.S.C. § 1983 against Defendant
Patricia Grant, the Colleton County Clerk of Court, alleging that the Clerk of Court did not properly
file Plaintiffs post-conviction relief application and seeking $500,000 in damages. Plaintiff has
not filed any objections to the Report and Recommendation.
The Court fully agrees with the determination of the Magistrate Judge that this action
should be dismissed summarily and without service of process. The Colleton County Clerk of
Court has absolute quasi-judicial immunity from suits for money damages arising from her official
acts. See Hamilton v. Murray, 648 F. App ' x 344, 345 (4th Cir. 2016). The Court therefore

ADOPTS the Report and Recommendation of the Magistrate Judge (Dkt. No. 13) as the Order of
the Court. The complaint is DISMISSED WITH PREJUDICE.

AND IT IS SO ORDERED.

United States District Court Judge

December ~, 2017
Charleston, South Carolina
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