Glenn v. Mental Health
Filing
11
OPINION and ORDER adopting 8 Report and Recommendation, dismissing this action without prejudice. Signed by Honorable Cameron McGowan Currie on 11/5/2015. (cbru, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Andres Glenn,
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Plaintiff,
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v.
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Metal [sic] Health,
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)
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Defendant.
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___________________________________ )
C/A NO. 3:15-4077-CMC-SVH
OPINION and ORDER
This matter is before the court on Plaintiff’s pro se complaint, filed in this court pursuant to
42 U.S.C. § 1983.
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 October 14, 2015, the Magistrate Judge issued a
Report recommending that this matter be dismissed without prejudice and without issuance and
service of process. 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
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The Magistrate Judge assumes, as does this court, that Defendant, identified as “Metal
Health,” see ECF No. 1 at 1, or “Metal Heath of South Carolina,” see id. at 5, is the “South Carolina
Department of Mental Health. The Clerk is directed to correct the docket of this matter to identify
Defendant as “Metal Health.”
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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
U.S.C. § 636(b).
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.
This action is dismissed without prejudice and without issuance and service of process.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
SENIOR UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
November 5, 2015
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