Skelton v. United States Navy et al

Filing 13

ORDER RULING ON REPORT AND RECOMMENDATION adopting 9 Report and Recommendation, summarily dismissing complaint without prejudice and without issuance and service of process. Signed by Honorable Margaret B Seymour on 12/15/2015. (mdea )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA James B. Skelton, ) ) C/A No. 3:15-4169-MBS Plaintiff, ) ) vs. ) ) ORDER United States Navy, Navy Sea Systems ) Command, and Navy Judge Advocate ) General, ) ) Defendants. ) ____________________________________) Plaintiff James B. Skelton brings this action pro se and in forma pauperis, alleging that he was “illegal discharged” from the United States Navy in February 1977. 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 Jacquelyn D. Austin for pretrial handling. The Magistrate Judge reviewed the complaint pursuant to 28 U.S.C. § 1915. On October 27, 2015, the Magistrate Judge filed a Report and Recommendation in which she determined, among other things, that the court lacks subject matter jurisdiction. Accordingly, the Magistrate Judge recommended that the case be summarily dismissed without prejudice and without issuance and service of process. Plaintiff filed no objections to the Report and Recommendation. 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. 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.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). The court has thoroughly reviewed the record. The court adopts the Magistrate Judge’s Report and Recommendation and incorporates it herein by reference. Plaintiff’s complaint is summarily dismissed without prejudice and without issuance and service of process. IT IS SO ORDERED. /s/ Margaret B. Seymour Senior United States District Judge Columbia, South Carolina December 15, 2015. NOTICE OF RIGHT TO APPEAL Plaintiff is hereby notified of the right to appeal this order pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. 2

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