Reed v. Ejiese et al

Filing 20

ORDER granting 19 Motion to Dismiss for Failure to State a Claim, dismissing without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Signed by Honorable Joseph F Anderson, Jr on 10/27/2011.(bshr, )

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

Kevin Reed,

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v.
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Warren B. Giese; Dietrich Lake,
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Defendants.
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_______________________________________ )

C/A No. 4:11-1200-JFA-TER

Plaintiff,

ORDER

The pro se plaintiff brings this action pursuant to 42 U.S.C. § 1983. The Magistrate
Judge assigned to this action 1 prepared a Report and Recommendation wherein he suggested
that the complaint should be summarily dismissed without prejudice and without issuance
and service of process. The plaintiff filed objections to the Report.
The plaintiff has now filed a motion to dismiss pursuant to Rule 41(a) of the Federal
Rules of Civil Procedure “due to the fact that the ground upon which the claim was originally
filed has not been fully disposed of according to judicial order which is prerequisite before
fully stating a valid claim under 42 U.S.C. § 1983.”
For good cause shown, plaintiff’s motion (ECF No. 19) is granted and this action is
dismissed without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure.

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The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil
Rule 73.02. 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. Mathews
v. Weber, 423 U.S. 261 (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 to the Magistrate Judge with
instructions. 28 U.S.C. § 636(b)(1).

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IT IS SO ORDERED.

Joseph F. Anderson, Jr.
United States District Judge
October 27, 2011
Columbia, South Carolina

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