Lake v. SC Department of Mental Health

Filing 14

OPINION and ORDER RULING ON REPORT AND RECOMMENDATIONS for 9 Report and Recommendations. (Amended Pleadings due by 5/17/2011) Signed by Honorable Cameron McGowan Currie on 5/2/2011. (cbru, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Kentwan Laquintta Lake,

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Plaintiff,
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v.
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South Carolina Department of Mental
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Health,
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Defendant.
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___________________________________ )

C/A NO. 3:11-628-CMC-PJG

OPINION and ORDER

This matter is before the court on Plaintiff’s pro se complaint, filed in this court pursuant to
42 U.S.C. § 1983.
In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(d), DSC, this
matter was referred to United States Magistrate Judge Paige J. Gossett for pre-trial proceedings and
a Report and Recommendation (“Report”). On April 12, 2011, 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 April 21, 2011.
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
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
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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. However, in his objections, Plaintiff
seeks an opportunity to amend his complaint. Accordingly, Plaintiff shall have fifteen (15) days
from the entry date of this Order to submit an amended complaint. Upon receipt of the amended
complaint, the Magistrate Judge will conduct further pretrial review. Failure to submit an amended
complaint within the required time period will result in dismissal of this complaint for the reasons
stated by the Magistrate Judge in the Report.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
May 2, 2011

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