Wallace v. Singleton et al

Filing 18

ORDER ADOPTING THE REPORT AND RECOMMENDATION, dismissing the complaint without prejudice and without issuance of service of process, for 9 Report and Recommendation, Signed by Honorable G Ross Anderson, Jr on June 26, 2012. (kbos)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Michael David Wallace, #134895,

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Plaintiff,
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v.
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Shirley Singleton, Assoc. Warden;
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Denise Cannarella, Legal Asst.,
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Defendants.
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__________________________________ )

C/A No.: 3:12-729-GRA-JRM

ORDER

This matter comes before the Court for review of United States Magistrate
Judge Joseph R. McCrorey’s Report and Recommendation made in accordance with
28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02(B)(2)(d), D.S.C., and filed on May 2,
2012. Plaintiff filed this action on March 15, 2012, pursuant to 42 U.S.C. § 1983.
Under established local procedure in this judicial district, Magistrate Judge McCrorey
made a careful review of the pro se complaint pursuant to the procedural provisions
of 28 U.S.C. § 1915, 28 U.S.C. § 1915A, and the Prison Litigation Reform Act.
Magistrate Judge McCrorey recommends that this Court dismiss Plaintiff’s Complaint
without prejudice and without issuance and service of process. This Court adopts the
magistrate’s recommendation in its entirety.
Plaintiff brings this claim pro se. This Court is required to construe pro se
pleadings liberally. Such pleadings are held to a less stringent standard than those
drafted by attorneys. Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir. 1978). This
Court is charged with liberally construing a pleading filed by a pro se litigant to allow

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for the development of a potentially meritorious claim. Boag v. MacDougall, 454 U.S.
364, 365 (1982).
The magistrate makes only a recommendation to this Court.

The

recommendation has no presumptive weight, and the responsibility to make a final
determination remains with this Court. Mathews v. Weber, 423 U.S. 261, 270-71
(1976). This Court is charged with making a de novo determination of those portions
of the Report and Recommendation to which specific objection is made, and this
Court may "accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate." 28 U.S.C. § 636(b)(1). This Court may
also "receive further evidence or recommit the matter to the magistrate with
instructions."

Id.

In the absence of specific objections to the Report and

Recommendation, this Court is not required to give any explanation for adopting the
recommendation. Camby v. Davis, 718 F.2d 198 (4th. Cir. 1983). Plaintiff has filed
no objections.
After a review of the record, this Court finds that the magistrate’s Report and
Recommendation accurately summarizes this case and the applicable law.
Accordingly, the Report and Recommendation is accepted and adopted in its entirety.
IT IS THEREFORE ORDERED that Plaintiff’s Complaint is DISMISSED
without prejudice and without issuance of service of process.
IT IS SO ORDERED.

June 26, 2012
Anderson, South Carolina
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NOTICE OF RIGHT TO APPEAL
Plaintiff has the right to appeal this Order within thirty (30) days from the date
of the entry of this Order, pursuant to Rules 3 and 4 of the Federal Rules of Appellate
Procedure. Failure to meet this deadline, as modified by Rule 4 of the Federal Rules
of Appellate Procedure, will waive the right to appeal.

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