Reaves v. Rhodes et al

Filing 70

ORDER RULING ON REPORT AND RECOMMENDATION. It is hereby ORDERED that the Magistrate Judges Report and Recommendation 66 is ACCEPTED. Defendants Motion to Dismiss 64 is DENIED without prejudice and with leave to refile, if appropriate, after proper service of the Suggestion of Death Upon the Record. Signed by Chief Judge Terry L Wooten on 01/16/2013. (dsto, )

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

Reverend Franklin C. Reaves,

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Plaintiff,
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vs.
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Sherry R. Rhodes, individually and in her )
official capacity as Clerk of Court for
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Marion County; et al,
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Defendants.
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___________________________________ )

C/A No.: 4:10-cv-03234-TLW-TER

ORDER
This is a civil action filed on December 21, 2010 by Reverend Franklin C. Reaves, Ph.D.
(Plaintiff) proceeding pro se and in forma pauperis. (Doc. # 1).
The matter now comes before this Court for review of the Report and Recommendation
(“the Report”) filed by Magistrate Judge Thomas E. Rogers, III on October 25, 2012 (Doc. # 66)
to whom this case had previously been assigned. In the Report, the Magistrate Judge
recommends that Defendants’ Motion to Dismiss (Doc. # 64) be denied without prejudice and
with leave to refile, if appropriate, after proper service of the Suggestion of Death Upon the
Record. Objections were due by November 13, 2012. Defendants have filed no objections to the
Report.
This Court is charged with conducting a de novo review of any portion of the Magistrate
Judge’s Report to which a specific objection is registered, and may accept, reject, or modify, in
whole or in part, the recommendations contained in that Report. 28 U.S.C. § 636. In the absence

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of objections to the Report and Recommendation of the Magistrate Judge, this Court is not
required to give any explanation for adopting the recommendation. See Camby v. Davis, 718
F.2d 198, 199 (4th Cir. 1983).
This Court has carefully reviewed the Magistrate Judge’s Report and Recommendation.
For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate
Judge’s Report and Recommendation (Doc. # 66) is ACCEPTED. Defendants’ Motion to
Dismiss (Doc. # 64) is DENIED without prejudice and with leave to refile, if appropriate, after
proper service of the Suggestion of Death Upon the Record
IT IS SO ORDERED.

s/Terry L. Wooten
United States District Judge

January 16, 2013
Florence, South Carolina

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