Holloway v. Lloyd et al

Filing 85

OPINION AND ORDER denying 51 Motion for Reconsideration. Signed by Honorable Cameron McGowan Currie on 6/26/2012.(jpet, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Richard Allen Holloway,

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Plaintiff,
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v.
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Reginal [sic] I. Lloyd; Sheriff Leon Lott;
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Sgt. Randy Strange; and Seth Rose,
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Defendants.
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___________________________________ )

C/A NO. 3:11-2581-CMC-PJG

OPINION and ORDER

This matter is before the court on Plaintiff’s motion to reconsider. ECF No. 51. Defendant
Lloyd has responded in opposition.
Plaintiff contends that there is “clear error on the face of the record” relating to this court’s
dismissal of Defendant Reginald Lloyd. Mot. at 1. Plaintiff maintains that he did not receive a copy
of the Report and Recommendation of Magistrate Judge Gossett, wherein she recommended the
dismissal of Defendant Lloyd for failure to state a claim.
The record reflects that a copy of the Report and Recommendation (“Report”) was mailed
to Plaintiff at the address provided by Plaintiff when he filed the complaint. The record also reflects
that Plaintiff’s copy of the Report was returned to this court marked “Return to Sender No Such
Number.” ECF No. 43-1 at 1. As noted by Defendant, however, Plaintiff has apparently not sought
to obtain a copy of the Report, and all other mail sent to Plaintiff at the same address by the Clerk
has apparently been delivered.
Plaintiff maintains that “my motion in opposition [to Lloyd’s motion to dismiss] certainly
contained information and specific language as objection and opposition to defendant’s motion to
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dismiss [w]herewith this court could interpret [] construed as an objection to the Magistrate Judge’s
Report and Recommendation.” Mot. at 2. Therefore, the court construes this opposition as
Plaintiff’s objection to the Report, and, after conducting a de novo review, denies Plaintiff’s motion
for reconsideration for the reasons stated in this court’s Opinion and Order filed March 9, 2012.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
June 26, 2012

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