family McQuatters v. The Equitable Life Mortgage and Realty Investors et al

Filing 25

OPINION AND ORDER RULING ON REPORT AND RECOMMENDATION adopting 18 Report and Recommendation, dismissing from this action without prejudice and without issuance and service of process George W Griffiths, Jr, Warren R Herndon , Jr, George C James, William A Keesley, Alison Renee Lee, R Knox McMahon, Sheriff of Lexington County, James O Spence, Yacht Cove Homeowners Association, Beth A Carrigg and The Equitable Life Mortgage and Realty Investors. Signed by Honorable Cameron McGowan Currie on 5/29/2013. (jpet, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Joseph Thomas, family McQuatters,

)
)
Plaintiff,
)
)
v.
)
)
The Equitable Life Mortgage and
)
Realty Investors; ABN AMRO Mortgage )
Group, Inc.; Finkle Law Firm;
)
Beverly J. Finkle, an individual;
)
Thomas A. Shook, an individual;
)
William A. Keesley, an individual;
)
James O. Spence, an individual;
)
CitiMortgage, Inc.; Robinson, Bradshaw, )
and Hinson Law Firm; Brian L. Church,
)
an individual; George C. James, an
)
individual; Alison Renee Lee, an individual; )
Beth A. Carrigg, an individual;
)
George W. Griffiths, Jr., an individual;
)
R. Knox McMahon, an individual;
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Sheriff of Lexington County;
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Yacht Cove Homeowners Association;
)
Warren R. Herndon, Jr., an individual,
)
)
Defendants.
)
___________________________________ )

C/A NO. 3:13-130-CMC-PJG

OPINION and ORDER

This matter is before the court on Plaintiff’s pro se complaint asserting claims under 42
U.S.C. §§ 1983 and 1985; civil violations under the Racketeer Influenced and Corrupt Organizations
Act (“RICO”), 18 U.S.C. § 1964; claims under the Truth in Lending Act (“TILA”), 15 U.S.C. §
1601, Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692; claims under the Real
Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2805; and various state law claims.
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
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a Report and Recommendation (“Report”). On May 8, 2013, the Magistrate Judge issued a Report
recommending that Defendants The Equitable Life Mortgage and Realty Investors, William A.
Keesley, James O. Spence, George C. James, Alison Renee Lee, Beth A. Carrigg, George W.
Griffiths, Jr., R. Knox McMahon; Sheriff of Lexington County, Yacht Cove Homeowners
Association, and Warden R. Herndon, Jr. be dismissed from this action 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 has filed two letters with the court, one indicating that the Report is “refused for cause
and Timely Returned,” ECF No. 23, and a letter questioning the authority of the United States
Magistrate Judge in this matter.
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
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 of the record, and after considering the applicable law,
the Report and Recommendation of the Magistrate Judge, and Plaintiff’s letters, 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.

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Plaintiff’s assertion that the United States Magistrate Judge has no authority in this matter
is without merit. Title 28, United States Code Section 636 provides
(b)(1) Notwithstanding any provision of law to the contrary–
(A) a judge may designate a magistrate judge to hear and determine any pretrial
matter pending before the court, except a motion for injunctive relief, for judgment
on the pleadings, for summary judgment, to dismiss or quash an indictment or
information made by the defendant, to suppress evidence in a criminal case, to
dismiss or to permit maintenance of a class action, to dismiss for failure to state a
claim upon which relief can be granted, and to involuntarily dismiss an action. [ ]
(B) a judge may also designate a magistrate judge to conduct hearings, including
evidentiary hearings, and to submit to a judge of the court proposed findings of fact
and recommendations for the disposition, by a judge of the court, of any motion
excepted in subparagraph (A) . . . .
(C) the magistrate judge shall file his proposed findings and recommendations under
subparagraph (B) with the court and a copy shall forthwith be mailed to all parties.
Within fourteen days after being served with a copy, any party may serve and file
written objections to such proposed findings and recommendations as provided by
rules of court. A judge of the court shall make a de novo determination of those
portions of the report or specified proposed findings or recommendations to which
objection is made. A judge of the court may accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate judge. The judge may
also receive further evidence or recommit the matter to the magistrate judge with
instructions.
28 U.S.C. § 636(b)(1). Under the Local Civil Rules of the District of South Carolina, cases filed by
individuals proceeding pro se are assigned to the United States Magistrate Judges of this District for
pretrial proceedings and a Report and Recommendation on dispositive issues as contemplated by
28 U.S.C. § 636(b)(1)(B). See Local Civil Rule 73.02(B)(2), DSC. Therefore, the United States
Magistrate Judge to whom this matter is assigned has the statutory authority to proceed in this
matter.
Accordingly, Defendants The Equitable Life Mortgage and Realty Investors, William A.
Keesley, James O. Spence, George C. James, Alison Renee Lee, Beth A. Carrigg, George W.
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Griffiths, Jr., R. Knox McMahon; Sheriff of Lexington County, Yacht Cove Homeowners
Association, and Warden R. Herndon, Jr. are dismissed from this action without prejudice and
without issuance and service of process.
This matter is returned to the United States Magistrate Judge pursuant to the Local Civil
Rules of this Court for further pretrial proceedings.
IT IS SO ORDERED.

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

Columbia, South Carolina
May 29, 2013

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