Johnson v. City Police of Columbia Dept, The et al
Filing
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ORDER ADOPTING THE REPORT AND RECOMMENDATION, dismissing defendants The City Police of Columbia Department and Sgt. Douglas A Shuler without prejudice and without issuance of service, for 7 Report and Recommendations, City Police of Columbia Dept, The and Douglas A Shuler terminated. Signed by Honorable Cameron McGowan Currie on November 7, 2011. (kbos)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Earnest M. Johnson, #192066,
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Plaintiff,
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v.
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The City Police of Columbia Dept.;
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Sgt. Shuler, Douglas A;
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Officer Chatara, K.C.,
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Defendants.
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___________________________________ )
C/A NO. 3:11-2594-CMC-JRM
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)(e), DSC, this matter
was referred to United States Magistrate Judge Joseph R. McCrorey for pre-trial proceedings and
a Report and Recommendation (“Report”). On October 12, 2011, the Magistrate Judge issued a
Report recommending that this matter be dismissed without prejudice as to Defendants “The City
Police of Columbia Department” and “Sgt. Shuler, Douglas A.” 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 has filed no objections and the time for doing so has
expired.
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
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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
the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28
U.S.C. § 636(b). The court reviews the Report only for clear error in the absence of an objection.
See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that
“in the absence of a timely filed objection, a district court need not conduct a de novo review, but
instead must only satisfy itself that there is no clear error on the face of the record in order to
accept the recommendation.”) (citation omitted).
After reviewing the Report, the record, and the applicable law, the court agrees with the
Report. Therefore, the court adopts and incorporates the Report by reference in this Order.
This matter is dismissed without prejudice and without issuance of service as to Defendants
“The City Police of Columbia Department” and “Sgt. Shuler, Douglas A.” This matter is returned
to the Magistrate Judge for further pretrial proceedings.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
November 7, 2011
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