Murray v. Gosset et al

Filing 15

OPINION AND ORDER RULING ON REPORT AND RECOMMENDATION adopting 9 Report and Recommendation, denying 2 Motion for Leave to Proceed in forma pauperis. (Filing Fee due by 11/1/2013.) Signed by Honorable Cameron McGowan Currie on 10/17/2013. (jpet, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Isaac Murray,

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Plaintiff,
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v.
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Judge Paige J. Gossett; and All the People )
in the World,
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Defendants.
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___________________________________ )

C/A NO. 3:13-2552-CMC-SVH

OPINION and ORDER

This matter is before the court on Plaintiff’s pro se complaint, filed in this court on February
21, 2013. ECF No. 1. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(d),
DSC, this matter was referred to United States Magistrate Judge Shiva V. Hodges for pre-trial
proceedings and a Report and Recommendation (“Report”). On September 25, 2013, the Magistrate
Judge issued an order recommending that Plaintiff’s motion to proceed in forma pauperis (ifp) be
denied. 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 no
objections and the time for doing so has expired.
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
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U.S.C. § 636(b). The court reviews the Report only for clear error in the absence of an objection.
See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that
“in the absence of a timely filed objection, a district court need not conduct a de novo review, but
instead must only satisfy itself that there is no clear error on the face of the record in order to accept
the recommendation.”) (citation omitted).
After reviewing the record of this matter, the applicable law, and the Report and
Recommendation of the Magistrate Judge, 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 motion to proceed ifp is denied. Plaintiff shall have until Friday, November 1,
2013, to pay the full filing fee in this matter ($400). Failure to pay the filing fee by November 1,
2013 will result in the dismissal of this matter without prejudice.
IT IS SO ORDERED.

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

Columbia, South Carolina
October 17, 2013

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