Jenkins v. Murry

Filing 38

ORDER ADOPTING THE REPORT AND RECOMMENDATION, dismissing defendant SouthEastern Medical Group without prejudice and without issuance and service of process, for 31 Report and Recommendations, SouthEastern Service Group Inc terminated. Signed by Honorable Cameron McGowan Currie on September 30, 2008. (kbos)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Esau Jenkins, ) ) Plaintiff, ) ) v. ) ) Lynn Murray; and Southeastern Medical ) Group, ) ) Defendants. ) ___________________________________ ) C/A NO. 3:08-1161-CMC-JRM

ORDER

Plaintiff, proceeding pro se, filed this action in this court pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(d), DSC, this matter was referred to United States Magistrate Judge Joseph R. McCrorey for pre-trial proceedings and a Report and Recommendation ("Report"). On August 13, 2008, the Magistrate Judge issued a Report recommending that Defendant "SouthEastern Medical Group" be dismissed without prejudice from this matter. The Magistrate Judge advised Plaintiff of the procedures and

requirements for filing objections to the Report and the serious consequences if he failed to do so. Plaintiff has filed no objections and the time for doing so has expired. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with the court. See Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of any portion of the Report of the Magistrate Judge to which a specific objection is made. The court may accept, reject, or modify, in whole or in part, the recommendation made by the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b). The court reviews the Report only for clear error in the absence of an objection.

See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that "in the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.") (citation omitted). After reviewing the record of this matter, the applicable law, and the Report and Recommendation of the Magistrate Judge, the court agrees with the conclusions of the Magistrate Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by reference in this Order. Defendant "SouthEastern Medical Group" is dismissed from this action without prejudice and without issuance and service of process. This matter is recommitted to the Magistrate Judge for further proceedings. IT IS SO ORDERED.

s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina September 30, 2008

C:\Documents and Settings\Kgb07\Local Settings\Temp\notesE1EF34\08-1161 Jenkins v. Murray adopt rr dism SSG return to USMJ.wpd

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