Curry v. Watkins

Filing 10

ORDER ADOPTING THE REPORT AND RECOMMENDATION, dismissing this case without prejudice and without issuance and service of process, for 7 Report and Recommendations. Signed by Honorable Joseph F Anderson, Jr on September 25, 2008. (kbos)

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA C O L U M B IA DIVISION

) ) P l a in tif f , ) vs. ) ) M ic h e a l C. Watkins, ) ) D e f e n d a n t. ) _______________________________________)

J a m e s Bernard Curry, #186737,

C/A No. 3:08-2644-JFA-JRM

ORDER

T h e pro se plaintiff, James Bernard Curry, is an inmate at Lee Correctional Institution, a facility of the South Carolina Department of Corrections ("SCDC"). He initiated this ac tio n pursuant to 42 U.S.C. § 1983 against defendant Michael C. Watkins ("Watkins"), C o u rt Reporter for the Sixth Judicial Circuit Court of the State of South Carolina. The p la in tif f contends that Watkins failed to accurately record plaintiff's trial transcript out of p re ju d ic e and in an effort to help the State. The Magistrate Judge assigned to this action 1 has prepared a Report and R e c o m m e n d a tio n ("Report") dated August 5, 2008 wherein he suggests that this court should
1

The Magistrate Judge's review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02. 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. Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of those portions of the Report to which specific objection is made and the court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge, or recommit the matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1).

dismiss the plaintiff's complaint for failure to state a claim upon which relief may be granted. P r o se complaints are held to a less stringent standard than those drafted by attorneys and s h o u ld be dismissed for failure to state a claim only if it appears "beyond doubt that the p la in tif f can prove no set of facts in support of his claim which would entitle him to relief." H a in e s v. Kerner, 404 U.S. 519, 521 (1972), quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1 9 5 7 ). The Report recommends that even though the plaintiff is entitled to a less stringent s ta n d a rd , summary dismissal is warranted. E x a m in in g the plaintiff's allegation that the trial transcript was inaccurately prepared, th e Report suggests the claims are insufficient to state a violation of plaintiff's constitutional rig h ts under section 1983. A totally accurate trial transcript is not a constitutionally

g u a ra n tee d right. See Tedford v. Hepting, 990 F.2d 745, 747 (3rd Cir. 1993). However, "if in a c cu ra c ie s in the transcript adversely affected the outcome of the criminal proceeding," a p la in tif f 's rights would be violated. Id. at 747. In the present action, plaintiff does not allege th a t the inaccuracies in the transcript prejudiced him in either his criminal trial or appeal. T h e re f o re , plaintiff has failed to state a claim upon which relief may be granted. The Report sets forth in detail the relevant facts and standards of law on these matters, a n d the court incorporates such without a full recitation. T h e plaintiff was advised of his right to file objections to the Report. He filed timely o b je c tio n s to the Report on August 22, 2008. Finding no merit to any of the objections, the c o u rt overrules them and adopts the Report.

After a careful review of the record, the applicable law, the Report, and the objections th e re to , the court finds the Magistrate Judge's recommendation to be proper. Accordingly, th e Report is incorporated herein by reference and the case is dismissed without prejudice a n d without issuance and service of process. IT IS SO ORDERED.

S ep tem b er 25, 2008 C o lu m b ia , South Carolina

J o s e p h F. Anderson, Jr. U n ite d States District Judge