Murphy v. Haley et al
Filing
21
ORDER ADOPTING THE REPORT AND RECOMMENDATION, dismissing defendants Haley, Wilson, Meadows and McCatskill without prejudice and without issuance and service of process, for 15 Report and Recommendations, John P Meadows, Alan Wilson, Nikki Haley and Sheriff McCatskill terminated. Signed by Honorable Cameron McGowan Currie on January 10, 2012. (kbos)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Willie T. Murphy,
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Plaintiff,
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v.
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Governor Nikki Haley; Atty General Alan )
Wilson; Prosecutor John P. Meadows;
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Sheriff McCatskill; Lt. Marvin Brown;
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David Thomley,
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Defendants.
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___________________________________ )
C/A NO. 3:11-2663-CMC-SVH
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)(d), DSC, this
matter was referred to United States Magistrate Judge Joseph R. McCrorey for pre-trial proceedings
and a Report and Recommendation (“Report”). On December 22, 2011, the Magistrate Judge issued
a Report recommending that Defendants Haley, Wilson, Meadows, and McCatskill be dismissed
from this matter without prejudice and without 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 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
1
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 record of this matter, the applicable law, 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. Defendants Governor Nikki Haley; Atty General Alan Wilson; Prosecutor
John P. Meadows; and Sheriff McCatskill are dismissed from this matter without prejudice and
without issuance and service of process. This matter is returned to the Magistrate Judge for further
pretrial proceedings.1
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
January 10, 2012
1
Magistrate Judge McCrorey has retired from active service. Therefore, this matter has been
reassigned to Magistrate Judge Shiva V. Hodges.
2
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