Smith v. Shwedo

Filing 14

OPINION and ORDER RULING ON REPORT AND RECOMMENDATION adopting 10 Report and Recommendation, dismisseing the action without prejudice. Signed by Honorable Cameron McGowan Currie on 11/8/2012. (cbru, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Earvin Smith,

)
)
Plaintiff,
)
)
v.
)
)
Mr. Kevin A. Shwedo, Executive Director, )
Office of Constituent Services, Dep’t of
)
Motor Vehicles,
)
)
Defendants.
)
___________________________________ )

C/A NO. 3:12-2286-CMC-PJG

OPINION and ORDER

This matter is before the court on Plaintiff’s pro se complaint. 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 Paige J. Gossett for pre-trial proceedings and a Report and Recommendation. On
October 23, 2012, the Magistrate Judge issued a Report recommending that the case be dismissed
for lack of subject matter jurisdiction. The Magistrate Judge advised Plaintiff of the procedures and
requirements for filing objections to the Report and Recommendation and the serious consequences
if he failed to do so. Plaintiff filed objections to the Report on November 5, 2012.
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 and Recommendation of the Magistrate Judge to which
a specific objection is made. The court may accept, reject, or modify, in whole or in part, the

1

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 objections made, 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 fail to point out any error in the Report which would lead this court to
find that subject matter jurisdiction exists in this case. Accordingly, Plaintiff’s complaint is
dismissed without prejudice and without service of process.
IT IS SO ORDERED.

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

Columbia, South Carolina
November 8, 2012

2