Stroman v. Scott

Filing 17

OPINION and ORDER adopting 12 Report and Recommendation, dismissing the action without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 8/8/2017. (cbru, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Shaneeka Monet Stroman, on behalf of Z.W.,

C/A. No. 3:17-1777-CMC-SVH

Plaintiff,
v.
Randy Scott, Richland County School District
I, and City of Columbia Police,

Opinion and Order

Defendant.

This matter is before the court on Plaintiff’s pro se complaint dated July 7, 2017. ECF No.
1.
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 Shiva V. Hodges for pre-trial proceedings
and a Report and Recommendation (“Report”). On July 20, 2017, the Magistrate Judge issued a
Report recommending that this matter be dismissed without prejudice and without issuance and
service of process. ECF No. 12. 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
this matter should be dismissed without prejudice. Accordingly, the court adopts and incorporates
the Report and Recommendation by reference in this Order. This matter 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
August 8, 2017

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