Walker v. Fouche

Filing 16

ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 11 Report and Recommendations, dismissing the action without prejudice and without issuance and service of process. Signed by Honorable Joseph F Anderson, Jr on 04/12/10. (bshr, )

U N I T E D STATES DISTRICT COURT D IS T R IC T OF SOUTH CAROLINA

M ic h e l le Walker,

) ) P l a in tif f , ) v. ) ) R e b e cc a T. Fouche, ) ) D e f e n d a n t. ) _________________________________ )

C /A No. 3:10-179-JFA-PJG

ORDER

P la in tif f , proceeding pro se, brings this action against the defendant raising landlordten a n t issues for defendant's alleged failure to return plaintiff's security deposit paid in a n tic ip a tio n of renting a house. T h e Magistrate Judge assigned to this action 1 has prepared a Report and R ec o m m en d atio n and opines that the plaintiff has failed to state a cognizable claim before th is federal court. The Report sets forth in detail the relevant facts and standards of law on th is matter, and the court incorporates such without a recitation and without a hearing. T h e plaintiff was advised of her right to file objections to the Report and R e c o m m e n d a tio n , which was entered on the docket on March 1, 2010. Plaintiff filed timely o b je c t io n s to the Report. In her objections to the Report, the plaintiff merely restates the

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 and Recommendation 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. See 28 U.S.C. § 636(b)(1).

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c la im s she made in her original complaint. As such, they are overruled. T h e Magistrate Judge properly concludes that plaintiff's claims do not pose a federal q u e s tio n and as a result, this court is without federal jurisdiction to consider the claims. F u rth er, the Magistrate Judge opines that there is no diversity between the parties who are b o th residents of South Carolina, thus, federal diversity jurisdiction cannot be invoked. After a careful review of the record, the applicable law, the Report and R e c o m m e n d a tio n , and the plaintiff's objections thereto, the court finds the Magistrate J u d g e 's recommendation to be proper and incorporates the Report herein by reference. A c c o rd in g ly, this action is dismissed without prejudice and without issuance and service of process. IT IS SO ORDERED.

A p ril 12, 2010 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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