Hall v. Manager SC State Housing Complaints Office et al
OPINION AND ORDER adopting the 25 Report and Recommendation and dismissing Defendant Manager SC State Housing without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 3/8/2017. (bgoo)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
C/A. No. 3:16-3256-CMC-PJG
Manager SC State Housing; Equifax Services,
Opinion and Order
This matter is before the court on Plaintiff’s pro se complaint dated September 28, 2016.
ECF No. 1. Plaintiff filed an Amended Complaint on November 28, 2016. ECF No. 11.
In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(e), DSC, this
matter was referred to United States Magistrate Judge Paige J. Gossett for pre-trial proceedings
and a Report and Recommendation (“Report”). On February 15, 2017, the Magistrate Judge issued
a Report recommending Defendant Manager SC State Housing be dismissed, as the Amended
Complaint contains no facts about this defendant. ECF No. 25. The Magistrate Judge advised
Plaintiff of the procedures and requirements for filing objections to the Report and the serious
consequences if she failed to do so. Plaintiff filed no objections within the time for doing so, and
her copy of the Report was not returned to the court.
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 Matthews 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
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 conclusion of the Report that
Defendant Manager SC State Housing should be dismissed without prejudice. Accordingly, the
court adopts and incorporates the Report and Recommendation by reference in this Order.
Defendant Manager SC State Housing 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
March 8, 2017
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