Sims v. Funke et al

Filing 16

ORDER RULING ON REPORT AND RECOMMENDATION Adopting 10 Report and Recommendation, and denying 4 Motion for Leave to Proceed in forma pauperis, filed by Debra L Sims. Signed by Honorable Joseph F Anderson, Jr on 8/18/17. (mflo, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Major Debra L. Sims,
Plaintiff,
vs.
Dr. Bryan Funke; Dr. Steven Koehl; and
Dr. Cecilia Carpenter-Sessions,
Defendants.
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C/A: 3:17-1694-JFA-KDW

ORDER

The pro se plaintiff, Major Debra L. Sims, has filed a motion to proceed in forma
pauperis. The Magistrate Judge assigned to this action1 has prepared a Report and
Recommendation wherein she suggests that this court should deny the motion to proceed in
forma pauperis. The Report sets forth in detail the relevant facts and standards of law on this
matter, and the court incorporates such without a recitation.
The plaintiff was advised of her right to file objections to the Report and
Recommendation, which was entered on the docket on July 28, 2017. However, after the
Report was mailed to the plaintiff, but before such objection deadline passed, the plaintiff
paid the $400 filing fee. Thus, it appears that the plaintiff does not object to the Report and

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The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local
Civil Rule 73.02. 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.
Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of those
portions of the Report to which specific objection is made and the court may accept, reject, or modify, in
whole or in part, the recommendation of the Magistrate Judge, or recommit the matter to the Magistrate Judge
with instructions. 28 U.S.C. § 636(b)(1).

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Recommendation.
After carefully reviewing the applicable laws, the record in this case, as well as the
Report, this court finds the Magistrate Judge’s recommendation fairly and accurately
summarizes the facts and applies the correct principles of law. Accordingly, the Court adopts
the Report and Recommendation. The plaintiff’s motion to proceed in forma pauperis (ECF
No. 4) is denied.
IT IS SO ORDERED.

August 18, 2017
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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