El Bey v. Grimsley et al

Filing 13

ORDER RULING ON REPORT AND RECOMMENDATION adopting 10 Report and Recommendation dismissing the complaint without prejudice and without issuance and service of process. Signed by Chief Judge Terry L Wooten on 7/29/2013. (asni, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Setep El Bey, ) ) Plaintiff, ) ) vs. ) ) Edward L. Grimsley, Benjamin E. Grimsley, ) Timothy Johnson, Jr., CitiFinancial Inc., ) Palmetto Citizens FCU, Kevin Taylor, ) Loc Phan, Grimsley Law Firm LLC, ) South Carolina Housing Authority, ) Midland Mortgage Corporation ) ) Defendants. ) ____________________________________) C/A No.: 3:13-cv-00845-TLW ORDER On March 29, 2013, the Plaintiff, Setep El Bey (“Plaintiff”) filed this civil action alleging that he has a lien on property under foreclosure in state court and that any property interests held by the Defendants is “junior and subordinate” to the Plaintiff’s lien. (Doc. #1). The matter now comes before this Court for review of the Report and Recommendation (“the Report”) filed by Magistrate Paige J. Gossett, (Doc. #10) to whom this case had previously been assigned. In the Report, the Magistrate Judge recommends sua sponte that Plaintiff’s Complaint be summarily dismissed, without prejudice and without issuance and service of process. (Id.). Objections were due by May 31, 2013. Plaintiff has filed no objections to the Report. This Court is charged with conducting a de novo review of any portion of the Magistrate Judge’s Report to which a specific objection is registered, and may accept, reject, or modify, in 1 whole or in part, the recommendations contained in that Report. 28 U.S.C. § 636. In the absence of objections to the Report, this Court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). This Court has carefully reviewed the Magistrate Judge’s Report and Recommendation. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. #10) is ACCEPTED and Plaintiff’s Complaint (Doc. #1) is DISMISSED without prejudice and without issuance and service of process. IT IS SO ORDERED. ____s/Terry L. Wooten____ Chief United States District Judge July 29, 2013 Columbia, South Carolina 2

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