Scott v. Associates Asset Recovery, LLC

Filing 13

OPINION AND ORDER adopting 10 Report and Recommendation, dismissing this action without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 2/13/2018. (cbru, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Maurice Wyman Scott,

Civil Action No. 3:18-cv-124-CMC
Plaintiff,

vs.
OPINION AND ORDER
Associates Asset Recovery, LLC,
Defendant.
This matter is before the court on Plaintiff’s Complaint alleging Defendant converted his
property negligently. 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
January 24, 2018, 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 Plaintiff of the procedures and requirements for filing objections to
the Report and the serious consequences if he failed to do so. Plaintiff has not filed objections and
the time for doing so has passed.
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 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 for lack of subject matter jurisdiction, as Plaintiff
has failed to allege facts showing diversity jurisdiction exists. 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
February 13, 2018

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