Fox v. May et al

Filing 13

OPINION and ORDER RULING ON REPORT AND RECOMMENDATIONS for 9 Report and Recommendations. Signed by Honorable Cameron McGowan Currie on 11/22/2010. (cbru, )

Fox v. May et al

Doc. 13

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION ) ) ) Plaintiff, ) ) v. ) ) James H. May; Overture Walker; S.C. ) Municipality of Cola; Bailiff (Issued Arrest ) Warrant); Constable/Law Enf.: "ANG" ) (as on A.W.); Issuing Judge: Tamk Collee" ) Judge Brougram, ) ) Defendants. ) ___________________________________ ) Kenneth Fox, C/A NO. 3:10-2470-CMC-PJG

OPINION and ORDER

This matter is before the court on Plaintiff's pro se complaint, asserting various claims against the above-listed Defendants. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(e), DSC, this matter was referred to United States Magistrate Judge Paige J. Gossett for pre-trial proceedings and a Report and Recommendation ("Report"). On October 14, 2010, the Magistrate Judge issued a Report recommending that the complaint be dismissed without prejudice and without issuance and service of process. 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 filed objections to the Report on November 1, 2010. 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

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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). After conducting a de novo review as to objections made, and considering the record, the applicable law, the Report and Recommendation of the Magistrate Judge, and Plaintiff's objections, 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. Plaintiff's objections contend, inter alia, that his case should proceed because he was actually innocent of the charges for which he was arrested. Obj. at 2 (Dkt. #12, filed Nov. 1, 2010). This and Plaintiff's other objections are without merit. This action is dismissed without prejudice and without issuance and service of process. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina November 22, 2010

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