Thomas v. South Carolina, The State of

Filing 15

ORDER adopting and incorporating 10 Report and Recommendation and dismissing Plaintiff's Amended Complaint without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 6/27/2017. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Edgar Thomas,

Civil Action No. 3:17-cv-1345-CMC-SVH
Plaintiff,

vs.

ORDER

The State of South Carolina,
Defendant.
This matter is before the court on Plaintiff’s complaint seeking to remove Richland
County South Carolina General Sessions warrant number 2016A4021602893 and the associated
state criminal action for possession of ecstasy to this federal court. ECF No. 1. In accordance
with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2), D.S.C., this matter was referred to
United States Magistrate Judge Shiva V. Hodges for pre-trial proceedings and a Report and
Recommendation (“Report”) on dispositive issues. On June 9, 2017, the Magistrate Judge issued
a Report recommending that this matter be summarily dismissed without prejudice and without
issuance and service of process. ECF No. 10. The Magistrate Judge advised the parties of the
procedures and requirements for filing objections to the Report and the serious consequences if
they failed to do so. Plaintiff filed objections to the Report on June 21, 2017. ECF No. 13. With
his objections, Plaintiff filed an Amended Complaint. ECF No. 14.
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
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 considering the record, the applicable law, the Report and Recommendation of the
Magistrate Judge, Plaintiff’s objections, and the Amended Complaint, the court agrees with the
Report’s recommendation the Complaint be dismissed. Plaintiff seeks removal of his state court
criminal charges to this federal court; however, he does not meet the statutory requirements to do
so. Nothing in Plaintiff’s objections or Amended Complaint alters this conclusion: Plaintiff does
not allege he is in the military, an officer of the United States, or has been denied his civil rights
in terms of racial equality. See State of N.C. v. Grant, 452 F.2d 780, 782 (4th Cir. 1972). For the
reasons above, the court adopts the Report and incorporates it by reference. Plaintiff’s Amended
Complaint 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
June 27, 2017

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