Paskell v. SRA International

Filing 18

ORDER RULING ON 8 REPORT AND RECOMMENDATION for 3 Motion for Leave to Proceed in forma pauperis filed by Leonardo Paskell. The court declines to accept the recommendation of the Magistrate Judge. Plaintiff's applic ation to proceed in district court without prepaying fees or costs is granted. The matter is recommitted to the Magistrate Judge for further pretrial handling. Signed by Honorable Margaret B Seymour on 12/30/2014. Motions referred to Shiva V Hodges.(mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Leonardo Paskell,

)
) C/A No. 3:14-4182-MBS-SVH
Plaintiff,
)
)
vs.
)
) ORDER
SRA International,
)
)
Defendant.
)
____________________________________)
On October 27, 2014, Plaintiff Leonardo Paskell, proceeding pro se, filed a complaint against
his former employer, Defendant SRA International, asserting that he was discriminated against based
on his race and age. See 42 U.S.C. § 2000e et seq. In accordance with 28 U.S.C. § 636(b) and Local
Rule 73.02, D.S.C., this matter was referred to United States Magistrate Judge Shiva V. Hodges for
pretrial handling.
The matter currently is before the court on Plaintiff’s application to proceed in district court
without prepaying fees or costs, which application was filed on October 27, 2014. ECF No. 3. On
October 30, 2014, the Magistrate Judge issued a Report and Recommendation in which she
recommended that Plaintiff’s application be denied. Plaintiff filed objections to the Report and
Recommendation on November 12, 2014 and December 29, 2014.
The Magistrate Judge makes only a recommendation to this court. The recommendation has
no presumptive weight. The responsibility for making a final determination remains with this court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). This court may accept, reject, or modify, in whole
or in part, the findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1).
This court may also receive further evidence or recommit the matter to the Magistrate Judge with

instructions. Id.
The court has thoroughly reviewed the record, including additional information provided by
Plaintiff in his objections. The court declines to accept the recommendation of the Magistrate Judge.
Plaintiff’s application to proceed in district court without prepaying fees or costs is granted. The
matter is recommitted to the Magistrate Judge for further pretrial handling.
IT IS SO ORDERED.

/s/ Margaret B. Seymour
Senior United States District Judge
Columbia, South Carolina
December 30, 2014.

2