South Carolina, The State of v. Ali

Filing 13

ORDER accepting the 9 Report and Recommendation and remanding the case to the Lexington County Court of General Sessions. Signed by Chief Judge Terry L. Wooten on 9/13/2017. Clerk's Notice: Parties are responsible for supplementing the State Record with all documents filed in Federal Court. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
The State of South Carolina,
C/A No. 3:17-01537-TLW-PJG
Plaintiff,
v.
Minister Toure Ali, Ex Rel Tori-Keon:
Thompson [Suri Juris],

ORDER

Defendant.
Defendant, who is proceeding pro se, filed a Notice of Removal seeking to remove his state
criminal case to federal court because he asserts it contains a federal question. 1 ECF No. 1. The
matter now comes before this Court for review of the Report and Recommendation (R&R) filed
by Magistrate Judge Gossett to whom this case was assigned pursuant to the provisions of 28
U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2), DSC. ECF No. 9. In the R&R, the
Magistrate Judge recommends that the Court remand the case back to the Lexington County Court
of General Sessions for lack of federal subject matter jurisdiction. Objections to the R&R were
due on August 22, 2017, and Defendant filed no objections.
This Court is charged with conducting a de novo review of any portion of the Magistrate
Judge’s R&R to which a specific objection is registered, and may accept, reject, or modify, in
whole or in part, the recommendations contained in that R&R. 28 U.S.C. § 636. In the absence
of objections to the R&R, this Court is not required to give any explanation for adopting the
recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

1

Specifically, Defendant asserts there is a federal question as to whether it was a violation of his
Constitutional rights for a police officer to confiscate his Xi Amaru Tribal Government
International Indigenous Society ID during a traffic stop. ECF No. 1 at 3.

The Court has carefully reviewed the R&R and given appropriate consideration to
Defendant’s filings in this case.

This Court adopts the Magistrate Judge’s position that

Defendant’s case does not fall within the limited circumstances when a state criminal proceeding
can be removed to federal court. Therefore, noting that no objections were filed, the R&R is
hereby ACCEPTED. For the reasons articulated by the Magistrate Judge in the R&R, this case is
hereby REMANDED to the Lexington County Court of General Sessions.
IT IS SO ORDERED.
s/Terry L. Wooten
Chief United States District Judge
September 13, 2017
Columbia, South Carolina