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, )

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