Brunson v. Lloyd et al

Filing 28

ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 26 Report and Recommendations, dismissing without prejudice pursuant to Rule 4(m) as to defendant Larry Propes.. Signed by Honorable Margaret B Seymour on 4/23/2010. (asni, ) (Main Document 28 replaced on 4/23/2010) (asni, ).

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA J o s e p h Bernard Brunson, ) ) C/A No. 3:07-2977-MBS P l a i n t i f f, ) ) vs. ) ) Reginald I. Lloyd, U.S. Attorney, District ) o f South Carolina; Larry Propes, Clerk of ) ORDER C o u rt for the U.S. District Court, District ) o f South Carolina; First Citizens Bank; ) a n d Henry McMaster, Attorney General ) fo r the State of South Carolina, ) ) D e fe n d a n t s . ) ____________________________________) P la in tiff Joseph Bernard Brunson, proceeding pro se, filed a complaint on August 30, 2007, a lle gin g that his constitutional rights have been violated. Plaintiff brings this action pursuant to 42 U .S .C . § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 3 8 8 (1971). 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 Joseph R. McCrorey for pretrial handling. On November 21, 2007, t h e Magistrate Judge issued a Report and Recommendation in which he recommended that D e fe n d a n t s Reginald I. Lloyd, Henry McMaster, and First Citizens Bank should be dismissed b e c a u s e Plaintiff failed to state a claim against them. The court adopted the Report and R e co m m e n d a tio n by order filed on January 7, 2008. T h i s matter is again before the court on Report and Recommendation filed by the Magistrate J u d g e on March 25, 2010. The Magistrate Judge recommends that the complaint be dismissed as to th e sole remaining Defendant, Larry Propes, for failure to serve this Defendant within 120 days after

th e complaint was filed. See Fed. R. Civ. P. 4(m). Plaintiff filed no objection to the Report and R e co m m e n d atio n . T h e Magistrate Judge makes only a recommendation to this court. The recommendation has n o presumptive weight. The responsibility for making a final determination remains with this court. M a th e w s v. Weber, 423 U.S. 261, 270 (1976). The court is charged with making a de novo d e t e r m i n a t io n of any portions of the Report and Recommendation to which a specific objection is m a d e . The court may accept, reject, or modify, in whole or in part, the recommendation made by the M a gis tra te Judge or may recommit the matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1). In the absence of objections to the Report, this court is not required to give any e x p l a n a t i o n for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). T h e court has carefully reviewed the record. R e c o m m e n d a t i o n and incorporates it herein by reference. The court adopts the Report and Accordingly, Defendant Propes is

d is m is s e d without prejudice pursuant to Rule 4(m), and the case closed. IT IS SO ORDERED.

/ s / Margaret B. Seymour United States District Judge C o l u m b ia , South Carolina A p ril 23, 2010.

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