McCoy v. Sumter County Sheriff et al
ORDER adopting 8 Report and Recommendation and dismissing Plaintiff's 1 Complaint without prejudice. Signed by Honorable J Michelle Childs on 7/18/2017. (mwal)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
James Lee McCoy, Sr.,
Anthony Davis, Sumter County
Sheriff; Deputy E. Boland; and Deputy
Civil Action No. 3:17-cv-00369-JMC
Plaintiff brought this action seeking relief, pursuant to “the Fourth and Fourteenth
Amendments to the Constitution of the United States, 42 U.S.C. § 1983, 1985 and § 2000 cc and
the laws and Constitution of the State of South Carolina.” (ECF No. 1.) This matter is before the
court for review of the Magistrate Judge's Report and Recommendation (“Report”) (ECF No. 8),
filed on June 19, 2017, recommending that Plaintiff’s action, (ECF No. 1), be dismissed without
prejudice and without issuance and service of process. The Report sets forth in detail the
relevant facts and legal standards on this matter, and the court incorporates the Magistrate
Judge’s recommendation herein without recitation.
The Magistrate Judge’s Report is made in accordance with 28 U.S.C. § 636(b)(1) and
Local Civil Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only a
recommendation to this court, and the recommendation has no presumptive weight—the
responsibility to make a final determination remains with this court. See Mathews v. Weber, 423
U.S. 261, 270–71 (1976). The court is charged with making a de novo determination of those
portions of the Report and Recommendation to which specific objections are made, and the court
may accept, reject, or modify, in whole or in part, the Magistrate Judge’s recommendation or
recommit the matter with instructions. See 28 U.S.C. § 636(b)(1).
Plaintiff was advised of his right to file an objection to the Report “within fourteen (14)
days of the date of service of the Report and Recommendation,” or by June 16, 2017. (ECF No.
8.) Plaintiff filed no objections.
In the absence of objections to the Magistrate Judge’s Report, this court is not required to
provide an explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198,
199 (4th Cir. 1983). Rather, “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) (quoting Fed. R. Civ. P. 72 advisory committee’s
note). Furthermore, failure to file specific written objections to the Report results in a party’s
waiver of the right to appeal from the judgment of the District Court based upon such
recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985).
After a thorough review of the Report and the record in this case, the court finds the
Report provides an accurate summary of the facts and law and does not contain clear error. The
court ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 8). It is therefore
ORDERED that Plaintiff’s action, (ECF No. 1), be DISMISSED without prejudice.
IT IS SO ORDERED.
United States District Judge
July 18, 2017
Columbia, South Carolina
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