Wilder v. Sterling

Filing 46

ORDER adopting 44 Report and Recommendation of Magistrate Judge Mary Gordon Baker; granting 43 Motion to Dismiss; finding as moot 31 Motion to Amend/Correct; finding as moot 33 Motion for Summary Judgment; finding as moot 2 Motion for Preliminary Injunction, Motion for TRO. This action is dismissed without prejudice. Signed by Honorable Cameron McGowan Currie on 8/20/2018.(ssam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Samuel A. Wilder,

C/A No. 2:18-380-CMC

Plaintiff
v.
Bryan P. Stirling, in his official capacity as
Director of South Carolina Department of
Corrections,

Order

Defendant.
Plaintiff filed this pro se complaint in this court pursuant to 42 U.S.C. § 1983, alleging
Defendant violated his constitutional rights by denying him access to sunlight after the windows
at McCormick Correctional Institution were covered. ECF No. 1. Plaintiff filed a motion for
preliminary injunction requesting the court stop the Institution from placing window covers on
all the windows as he was unable to see sunlight. ECF No. 2. On June 28, 2018, Plaintiff filed a
motion for leave to amend his motion for injunction. ECF No. 31. Defendant filed a response,
arguing Plaintiff failed to show he was entitled to a preliminary injunction. 1 ECF No. 32. The
Magistrate Judge entered a Report and Recommendation on July 5, 2018, recommending
Plaintiff’s motions be denied. ECF No. 36. However, before the time for objections to the
Report expired, Plaintiff filed a motion for dismissal of action pursuant to Rule 41(a) of the
Federal Rules of Civil Procedure. ECF No. 43. The Magistrate Judge thereafter issued a second
Report and Recommendation, finding dismissal appropriate under Rule 41(a)(2) and
recommending this court dismiss the action without prejudice. ECF No. 44.

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Defendant also filed a motion for summary judgment, arguing Plaintiff did not exhaust
administrative remedies and failed to state a claim for a constitutional violation. ECF No. 33.

The court agrees dismissal is proper pursuant to Rule 41(a)(2), and grants Plaintiff’s
motion to dismiss.

This action is dismissed without prejudice.

Plaintiff’s motions for

preliminary injunction (ECF Nos. 2, 31) and Defendant’s motion for summary judgment (ECF
No. 33) are moot.
IT IS SO ORDERED.
s/Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
Senior United States District Judge
Columbia, South Carolina
August 20, 2018

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