Dwyer v. Wilson 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 10/05/2011. (bshr, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Gary Dean Dwyer, Sr.,

)
)
Plaintiff,
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v.
)
)
Attorney General Alan Wilson,
)
Henry McMaster,
)
)
Defendants.
)
______________________________________ )

C/A No.: 3:11-2012-JFA-JRM

ORDER

The pro se plaintiff, Gary Dean Dwyer, Sr., brings this civil action that appears to
arise out of plaintiff’s domestic relations case in the South Carolina Family Court before
Judge George M. McFaddin, Jr.
The Magistrate Judge assigned to this action 1 has prepared a Report and
Recommendation and opines that this action should be summarily dismissed because the
defendants are immune from suit under the Eleventh Amendment. 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 August 17, 2011. The plaintiff did

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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).

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not file objections to the Report. 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).
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 Report is
incorporated herein by reference.
Accordingly, this action is dismissed without prejudice and without issuance and
service of process.
IT IS SO ORDERED.

October 5, 2011
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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