Whitner v. Coggiola et al

Filing 25

OPINION and ORDER ADOPTING 15 REPORT AND RECOMMENDATION. Plaintiff's 18 motion for declaratory relief is denied and this matter is dismissed without prejudice and without issuance and service of process on Defendants. Signed by Honorable Cameron McGowan Currie on 9/13/12. (kmca) Modified on 9/13/2012: to edit text (kmca).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Samuel Lamont Whitner,

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Plaintiff,
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v.
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Lesley M. Coggiola, Disciplinary Counsel; )
Tiffany N. Richardson, Staff Attorney,
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Defendants.
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___________________________________ )

C/A NO. 3:12-1876-CMC-JDA

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 Jacquelyn D. Austin for pre-trial proceedings
and a Report and Recommendation (“Report”). On August 21, 2012, the Magistrate Judge issued
a Report recommending that the complaint 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. On August 23,
2012, Plaintiff filed a “Request for Declaratory Judgement [sic]” and on September 11, 2012, this
court received Plaintiff’s objections to the Report.
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).
After conducting a de novo review as to Plaintiff’s objections to the Report, and considering
the record, the applicable law, the Report and Recommendation of the Magistrate Judge, and
Plaintiff’s objections, 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.
Plaintiff’s objections are mostly conclusory recitations of his belief that he should be entitled
to relief. These objections are rejected as they are without merit. Additionally, the fact that Plaintiff
believes he has “clear and convincing evidence” to substantiate his claims fails to overcome the fact
that this court, for the reasons noted in the Report, does not have jurisdiction to entertain Plaintiff’s
complaint.
Plaintiff’s motion for declaratory relief is denied and this matter is dismissed without
prejudice and without issuance and service of process on Defendants.
IT IS SO ORDERED.

s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
September 13, 2012

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