Robinson v. Sumter County Police Department et al
Filing
14
ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 10 Report and Recommendations, dismissing the action without prejudice and without issuance and service of process. Signed by Honorable Joseph F Anderson, Jr on 08/16/2011. (bshr, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Travis Trahern Robinson,
)
)
Plaintiff,
)
v.
)
)
Sumter County Police Department;
)
Prosecuting Officer, James Fitzpatrick;
)
Prosecuting Officer, Angela Barger Boland;
)
Wayne Dubose, Detective; and Trevor Brown, )
Detective,
)
)
Defendants.
)
______________________________________ )
C/A No. 3:11-766-JFA-JRM
ORDER
The pro se plaintiff, Travis Robinson, is an inmate at the Wateree Correctional
Institution. He brings this action under 42 U.S.C. § 1983 contending that the defendants
have violated his constitutional rights.1
The Magistrate Judge assigned to this action 2 has prepared a thorough Report and
Recommendation and opines that 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 June 28, 2011. However, the plaintiff
1
The plaintiff has filed this action in forma pauperis under 28 U.S.C. § 1915.
2
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
failed to file objections and the deadline within which to do so has expired. 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 recommendation. See Camby v. Davis, 718 F.2d 198, 199
(4th Cir. 1983).
The Magistrate Judge opines that under the United States Supreme Court’s ruling in
Heck v. Humphrey, 512 U.S. 477 (1994), plaintiff’s claim for damages is barred where
success of the action would implicitly question the validity of the conviction or duration of
the sentence, unless the prisoner can demonstrate that the conviction or sentence has been
successfully challenged. Moreover, as plaintiff has not demonstrated that his conviction has
been reversed, expunged, or declared invalid by a state court, and no federal writ has been
issued, the action must be dismissed for failure to state a claim and his claim for monetary
damages under § 1983 is barred by Heck.
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 and it is
incorporated herein by reference.
Accordingly, this action is dismissed without prejudice and without issuance and
service of process.
IT IS SO ORDERED.
August 16, 2011
Columbia, South Carolina
Joseph F. Anderson, Jr.
United States District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?