Salaam v. Taylor et al
Filing
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OPINION and ORDER RULING ON REPORT AND RECOMMENDATIONS for 8 Report and Recommendations, dismissing this action without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 6/6/2011. (cbru, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Sulyaman Al Islam Wa Salaam,
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Plaintiff,
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v.
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Cynthia Taylor; DSS Richland County;
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Yasmin Nyishama Wasalaam Turnage;
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Lexington SC DSS; Ms. Singleton, Case
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Worker, Columbia, SC,
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Defendants.
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___________________________________ )
C/A NO. 3:11-935-CMC-BM
OPINION and ORDER
This matter is before the court on Plaintiff’s pro se complaint. 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 Bristow Marchant for pre-trial proceedings and a Report and Recommendation
(“Report”). On May 18, 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
May 26, 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 reviewing the record of this matter, the applicable law, Plaintiff’s objections, and the
Report and Recommendation of the Magistrate Judge, 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 fail to overcome the fatal deficiencies of his complaint; namely, that
this court, for a variety of reasons, does not have subject matter jurisdiction. Accordingly, for the
reasons noted in the Report, 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
June 6, 2011
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