Wise v. South Carolina Department of Revenue

Filing 11

ORDER AND OPINION RULING ON REPORT AND RECOMMENDATION adopting 8 Report and Recommendation, summarily dismissing petition with prejudice and without issuance and service of process. Signed by Honorable Margaret B Seymour on 11/6/2017. (mdea ) (Main Document 11 replaced on 11/7/2017) (mdea, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Roselyn Wise,

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Plaintiff,
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vs.
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South Carolina Department of Revenue,
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Defendant.
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____________________________________)

C/A No. 3:17-2448-MBS

ORDER AND OPINION

On September 13, 2017, Plaintiff Roselyn Wise, proceeding pro se, filed a “Petition for
Judicial Review of the Final Decision of the State Employee Grievance Committee” against her
former employer, Defendant South Carolina Department of Revenue. In accordance with 28 U.S.C.
§ 636(b) and Local Rule 73.02, D.S.C., this matter was referred to United States Magistrate Judge
Paige J. Gossett for pretrial handling.
The Magistrate Judge reviewed the petition pursuant 28 U.S.C. § 1915. On October 5, 2017,
the Magistrate Judge issued a Report and Recommendation in which she determined the court lacks
subject matter jurisdiction over Plaintiff’s claims. Accordingly, the Magistrate Judge recommended
that the petition be summarily dismissed with prejudice and without issuance and service of process.
Plaintiff filed no objections to the Report and Recommendation.
The Magistrate Judge makes only a recommendation to this court. The recommendation has
no presumptive weight. The responsibility for making a final determination remains with this court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). This court may accept, reject, or modify, in whole
or in part, the findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1).

This court may also receive further evidence or recommit the matter to the Magistrate Judge with
instructions. Id.

This court is obligated to conduct a de novo review of every portion of the

Magistrate Judge’s report to which objections have been filed. Id. 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).
The court has thoroughly reviewed the record. As the Magistrate Judge properly found, the
court lacks diversity or federal question jurisdiction. See 28 U.S.C. §§ 1331, 1332. Moreover,
federal courts have no appellate jurisdiction over decisions of quasi-judicial proceedings of state
agencies such as is issue herein. See Thana v. Bd. of License Comm’rs, 827 F.3d 314, 319 (4th Cir.
2016). The court adopts the Report and Recommendation and incorporates it herein by reference.
Plaintiff’s petition is summarily dismissed with prejudice and without issuance and service of
process.
IT IS SO ORDERED.

/s/ Margaret B. Seymour
Senior United States District Judge
Columbia, South Carolina
November 6, 2017

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