Isaac v. CNAC et al

Filing 11

ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 8 Report and Recommendations, dismissing the action without prejudice and without issuance and service of process. Signed by Honorable Joseph F Anderson, Jr on 06/06/2011. (bshr, )

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Pervis Manning Isaac, ) ) Plaintiff, ) v. ) ) CNAC; and J.D. Byryder, ) ) Defendants. ) ______________________________________ ) C/A No. 3:11-616-JFA-JRM ORDER The pro se plaintiff, Pervis Isaac, brings this action in forma pauperis under 28 U.S.C. § 1915, seeking monetary damages for the defendants’ alleged breach of contract and slander. The Magistrate Judge assigned to this action 1 has prepared a thorough Report and Recommendation and opines that federal jurisdiction in this matter is lacking and the complaint should be summarily dismissed. The Report sets forth in detail the relevant facts and standards of law on this matter, and the court incorporates such without a recitation. The plaintiff was advised of his right to file objections to the Report and Recommendation, which was entered on the docket on May 4, 2011. However, the plaintiff has failed to file any objections. In the absence of specific objections to the Report of the Magistrate Judge, this court is not required to give any explanation for adopting the 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 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). 1 recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). After carefully reviewing the applicable laws, the record in this case, and the Report and Recommendation, this court finds the Magistrate Judge’s recommendation fairly and accurately summarizes the facts and applies the correct principles of law. The court, therefore, adopts the recommendation of the Magistrate Judge in full and incorporates this Report by specific reference. Accordingly, this action is dismissed without prejudice and without issuance and service of process. IT IS SO ORDERED. June 6, 2011 Columbia, South Carolina Joseph F. Anderson, Jr. United States District Judge 2

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