McClam v. Livingston et al
Filing
34
ORDER accepting 24 Report and Recommendation. This case is dismissed without prejudice and without issuance and service of process as to Defendants Livingston, Dupree, Thomas, Wilson, and Boone. Signed by Chief Judge Terry L Wooten on 4/6/2015. (mwal)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Leo McClam,
)
)
Plaintiff,
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)
vs.
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Mr. NFN Livingston, Officer; Judy Dupree, )
Social Worker; Janice Thomas, RN;
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Dr. NFN Cross; Kia Wilson, Horry County )
Attorney; and Kenny Boone, Sheriff,
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)
Defendants.
)
___________________________________ )
Case No. 3:15-cv-00362-TLW
ORDER
Plaintiff Leo McClam, proceeding pro se and in forma pauperis, brought this action
pursuant to 42 U.S.C. § 1983, alleging false arrest, false detainment, and medical neglect. (Doc.
#1). Plaintiff sues Officer Livingston, social worker Judy Dupree, nurse Janice Thomas, Dr.
Cross, Horry County attorney Kia Wilson, and Sheriff Kenny Boone. Id. This matter is before
the Court for review of the Report and Recommendation (“the Report”) filed by United States
Magistrate Judge Shiva V. Hodges, to whom this case was assigned pursuant to 28 U.S.C.
§ 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(e), (D.S.C.). In the Report, the Magistrate
Judge recommends that this Court dismiss the case without prejudice and without issuance and
service of process as to Defendants Livingston, Dupree, Thomas, Wilson, and Boone. (Doc.
#24). Plaintiff failed to file objections to the Report.
The Court is charged with conducting a de novo review of any portion of the Report to
which a specific objection is registered, and may accept, reject, or modify, in whole or in part,
the recommendations contained therein. 28 U.S.C. § 636. However, in the absence of objections
to the Report, the Court is not required to give any explanation for adopting the Magistrate
Judge’s recommendation. See Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983). In such a
case, “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.’”
Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed.
R. Civ. P. 72 advisory committee’s note).
The Court has carefully reviewed the Report in accordance with this standard, and it
concludes that the Magistrate Judge accurately summarizes the case and the applicable law. It is
therefore ORDERED that the Magistrate Judge’s Report and Recommendation is ACCEPTED.
(Doc. #24). For the reasons articulated by the Magistrate Judge, this case is DISMISSED
without prejudice and without issuance and service of process as to Defendants Livingston,
Dupree, Thomas, Wilson, and Boone.
IT IS SO ORDERED.
s/ Terry L. Wooten
Terry L. Wooten
Chief United States District Judge
April 6, 2015
Columbia, South Carolina
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