Brown v. South Carolina Department of Corrections, The et al

Filing 9

ORDER ADOPTING THE REPORT AND RECOMMENDATION, dismissing without prejudice and without issuance and service of process defendant SCDC, for 7 Report and Recommendations, South Carolina Department of Corrections, The terminated. Signed by Honorable Joseph F Anderson, Jr on September 29, 2009. (kbos)

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA ) ) P l a in tif f , ) vs. ) ) The South Carolina Department of Corrections; ) Jo n Ozmint, ) D e f e n d a n ts . ) ______________________________________ ) D o n n e ll J. Brown, #293480, C/A No.: 3:09-2240-JFA-JRM

ORDER

T h e pro se plaintiff, Donnell J. Brown, is an inmate at the Allendale Correctional In s titu tio n , a facility of the South Carolina Department of Corrections ("SCDC"). He initiated t h is action pursuant to 42 U.S.C. § 1983 challenging the SCDC's policies and procedures. S p e c if ic a lly, plaintiff contends that he, as an inmate convicted of institutional sexual m is c o n d u c t, must wear a pink jumpsuit and this violates his equal protection rights and su b jec ts him to cruel and unusual punishment. T h e Magistrate Judge assigned to this action 1 has prepared a Report and R e c o m m e n d a tio n wherein he suggests that this court should summarily dismiss SCDC from the case. The Report sets forth in detail the relevant facts and standards of law on this matter, a n d the court incorporates such without a recitation. The plaintiff did not file objections to

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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).

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th e Report and Recommendation. In the Report, the Magistrate Judge correctly suggests that defendant State of South C a ro lin a is immune from suit under the Eleventh Amendment to the United States C o n s titu tio n . Edelman v. Jordan, 415 U.S. 651, 663 (1974). A f te r a careful review of the record, the applicable law, and the Report, the court finds th e Magistrate Judge's recommendation to be proper and the Report is incorporated herein by re f ere n c e. Accordingly, this action is dismissed without prejudice and without issuance and s e rv ic e of process as to defendant South Carolina Department of Corrections only. T h e Clerk shall return this case to the Magistrate Judge for further proceedings and for s e rv ic e of process on defendant Jon Ozmint. IT IS SO ORDERED.

S ep t e m b e r 29, 2009 C o lu m b ia , South Carolina

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

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