Kraim v. Columbia Police Department et al

Filing 15

ORDER adopting 12 Report and Recommendation, dismissing 1 Complaint without prejudice. Signed by Honorable Mary Geiger Lewis on 8/7/2018. (cbru, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
INDIGO OCEAN ROSE KRAIM,
Plaintiff,
vs.
COLUMBIA POLICE DEPARTMENT,
COLUMBIA HOUSING AUTHORITY,
RICHLAND COUNTY SHERIFF DEPT.,
and RICHLAND SPRINGS,
Defendants.

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CIVIL ACTION NO. 3:18-1335-MGL

ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THE COMPLAINT WITHOUT PREJUDICE
AND WITHOUT ISSUANCE AND SERVICE OF PROCESS
Plaintiff Indigo Ocean Rose Kraim (Kraim) filed this action pursuant to 28 U.S.C. § 1915.
The matter is before the Court for review of the Report and Recommendation (Report) of the United
States Magistrate Judge suggesting the Complaint be dismissed without prejudice and without
issuance and service of process for lack of subject matter jurisdiction. The Report was made in
accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina.
The Magistrate Judge makes only a recommendation to this Court. The recommendation has
no presumptive weight. The responsibility to make a final determination remains with the Court.
Mathews v. Weber, 423 U.S. 261, 270 (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 with instructions. 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed the Report on July 10, 2018, but Kraim failed to file any
objections. “[I]n 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) (quoting Fed. R. Civ. P. 72 advisory committee’s note). Moreover, a failure to
object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard set
forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of
this Court the Complaint is DISMISSED WITHOUT PREJUDICE and without issuance and
service of process for lack of subject matter jurisdiction.
IT IS SO ORDERED.
Signed this 7th day of August, 2018 in South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL
Kraim is hereby notified of the right to appeal this Order within thirty days from the date
hereof, pursuant to the Federal Rules of Appellate Procedure.

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