Cypress v. South Carolina Department of Corrections
Filing
11
ORDER ADOPTING THE REPORT AND RECOMMENDATION, dismissing this matter without prejudice and without issuance and service of process, for 8 Report and Recommendations. Signed by Honorable Cameron McGowan Currie on November 22, 2011. (kbos)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Tramaine S. Cypress,
)
)
Plaintiff,
)
)
v.
)
)
South Carolina Department of Corrections, )
)
Defendant.
)
___________________________________ )
C/A NO. 3:11-2910-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)(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 November 7, 2011, the Magistrate Judge issued
a Report recommending that this matter 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 November 15, 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
1
the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28
U.S.C. § 636(b).
After considering the record, the applicable law, the Report and Recommendation of the
Magistrate Judge, and Plaintiff’s objections. the court agrees with the Report and its conclusions.
Therefore, the court adopts and incorporates the Report by reference in this Order.
Plaintiff contends that he does not understand how the South Carolina Department of
Corrections (SCDC) is immune from suit, and that “I would like to proceed [ ] by filing against the
State of South Carolina.” Obj. at 1 (ECF No. 10, filed Nov. 15, 2011). However, an attempt to file
suit against the State of South Carolina would result in the same conclusion: The State and its
agencies are immune from suit in federal court under the Eleventh Amendment.
This matter 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
November 22, 2011
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?